Participant
Terms & Conditions
Please use the following link to make the Registration
PLEASE REVIEW THE TERMS CAREFULLY PRIOR TO REGISTRATION.
Registration Process
The Registration Form shall be submitted through the Academy’s official website in accordance with the procedure provided therein. Alternatively, the Registration Form may be downloaded, printed, completed and submitted at the Academy premises along with the supporting documentation specified therein or in any other manner specified by the Academy. The Academy shall review and approve the submitted Registration Form. In the case of online registration, the Academy shall send a confirmation email to the email address provided in the Registration Form once the Registration Form has been approved, a copy of which shall be submitted in order to make the payment of the fees.
On payment of the relevant fees in cash or cheque at the Academy premises, the Academy shall provide the Guardian with a receipt in respect thereof. At the time of payment of the fees, the Guardian shall also be required to sign a declaration stating that the fees have been paid in full and that the Guardian agrees to the terms of enrolment on behalf of the Participant. The Participant’s registration with the Academy shall be deemed to be successful at this point.
Participant Obligations
The Participant agrees that, he/she shall, and the Guardian shall cause the Participant to, during the Term:
- act in accordance with all lawful and reasonable instructions of the Academy coaches and personnel, as well as training programs and plans that are communicated to him/her;
- use best efforts to attend all training sessions, meetings and match preparation sessions arranged by the Academy;
- observe the rules and regulations in force for the sport of tennis, including, without limitation, those of the International Tennis Federation, the World Tennis Association, the Asian Tennis Federation, the All India Tennis Association, state tennis associations, the World Anti-Doping Agency and the National Anti-Doping Agency, insofar as the same relate to the Participant, in addition to, and not in substitution of, the rules framed by the Academy;
- submit promptly to such medical examinations as the Academy may reasonably require and to undergo such medical treatment as may be prescribed by the medical advisers of the Academy;
- on the termination of the Participant’s association with the Academy for any cause to return to the Academy, in a reasonable and proper condition, any property which has been provided or made available by the Academy to the Participant in connection with his/her engagement with the Academy; and
- undertake such other duties and participate in such other activities as are consistent with the performance of his/her duties and obligations and as are reasonably required of the Participant.
Grant of License
- use the Participant’s name, reputation, nickname, fame, image, shirt number, signature, voice and any other portrayal or characteristics of any kind of the Participant as the Academy deems fit for the promotion of the Academy and its sponsors and partners anywhere in the world and on any medium physical or digital;
- photograph the Participant both individually and as a member of the Academy when he/she is involved in activities relating to the Academy; and
- film, televise, photograph, identify and otherwise record the Participant and his/her performance during all training sessions and periods ancillary thereto, including competitions and practice matches.
The Participant and the Guardian hereby agree not to raise any claims or complaints in respect of the grant of license as specified herein, and waive any right to inspect or approve any use of the license granted to the Academy. Further, the Participant and the Guardian waive all moral rights and personality rights under applicable law, to the extent permissible.
Academy Intellectual Property and Proprietary Information
The Participant and the Guardian each agree and acknowledge that all right, title and interest in the Academy’s intellectual property and proprietary information shall vest with the Academy and that he/she has no interest of any kind and shall not assert any interest of any kind in such property at any time, whether during or after the Participant’s association with the Academy.
Representations and Warranties
THE PARTICIPANT AND GUARDIAN HEREBY ACKNOWLEDGE, AGREE AND UNDERSTAND THAT THERE IS A CERTAIN AMOUNT OF RISK INVOLVED IN ENGAGING IN TRAINING AND PLAYING MATCHES FOR A PHYSICAL SPORT SUCH AS TENNIS, AND THAT THE GUARDIAN FOR HIMSELF/HERSELF AND AS THE LEGAL GUARDIAN OF THE PARTICIPANT HEREBY WAIVES ANY AND ALL CLAIMS OF ANY NATURE WHATSOEVER HOWSOEVER ARISING AGAINST THE ACADEMY AND ITS PROPRIETORS, COACHES, EMPLOYEES, AND REPRESENTATIVES THAT MIGHT RESULT FROM ENGAGING IN TRAINING AND/OR PLAYING MATCHES OR PARTICIPATING IN THE PROGRAMMES OF THE ACADEMY AND ALLIED ACTIVITIES THEREBY, WHETHER ON ACCOUNT OF ILLNESS, INJURY OR OTHERWISE.
The Participant and the Guardian represent and warrant that the Participant is fit to play the sport of tennis, and does not have any pre-existing medical condition, ailment or injury preventing the Participant from doing so.
The Participant and Guardian each warrant and confirm to the Academy that he/she has made and shall make in a timely manner a complete and honest disclosure to the Academy of the Participant’s past and current medical history (including, but not limited to, all injuries suffered, medical conditions and treatments) and/or any present or likely condition that could in any way affect his/her fitness and/or ability to play tennis or fulfil his/her obligations (as the case may be) under these Terms.
The Parent and Guardian warrant that any and all fees (or any instalments thereof) payable to the Academy in relation to the Participant’s enrolment in the Academy shall be paid in a timely manner in accordance with the Academy’s stipulations.
The Guardian represents and warrants that he/she is the official and legal guardian and representative of the Participant, is entitled to represent the Participant as his/her legal guardian and agrees that he/she has understood the terms and conditions (including any applicable policies and guidelines) of the Participant’s participation and engagement in training and/or playing matches at the Academy and has explained these terms and conditions to the Participant in a language that the Participant understands and is conversant with, and that the Participant has agreed to and understood the same.
The Guardian further agrees that he/she shall ensure that the Participant complies with these Terms and any other terms made available by the Academy and shall support any actions taken by the Academy in the best interests of the Participant and his/her development, and will cooperate with any reasonable request of the Academy in this regard.
The Guardian hereby agrees that the Academy shall not be responsible for the Participant’s safety and security outside of the Academy premises, including without limitation the Participant’s commute to and from the Academy.
Indemnity
The Participant and the Guardian shall, at their own expense, indemnify, defend and hold harmless the Academy, its proprietors, coaches, personnel, officers, trustees, employees, representatives, agents, and assigns from and against any and all liability (including, but not limited to, liabilities, judgments, damages, losses, claims, costs and expenses, including attorneys’ fees and expenses) any other loss that may occur, arising directly from the breach, malfeasance, misfeasance or deliberate negligence of the Participant in the performance of his/her obligations under these Terms or if any representations and warranties contained herein are false or inaccurate.
Limitation of Liability
To the extent permitted by applicable law, in no event shall the Academy be liable for any special, indirect, consequential, exemplary or incidental damages, however caused, arising out of or relating to these Terms, even if it has been advised of the possibility of such damages. The aggregate liability of the Academy for damages under these Terms, regardless of the form of the action and whether in contract or in tort, including negligence, shall be limited to the aggregate fees received by the Academy from the Participant as on the date of claim under these Terms.
Term and Termination
The Participant’s association with the Academy shall be valid and subsisting for the duration of the coaching programme the Participant has enrolled in, unless terminated earlier as provided herein (“Term”).
The Academy may, at its sole discretion, terminate its association with the Participant with immediate effect, if at any time, the Participant:
- materially breaches any of the terms contained herein (or if the Guardian materially breaches the terms contained herein);
- delays the payment of any installment of the fees;
- is guilty of gross misconduct;
- is convicted of any criminal offence anywhere in the world or is found guilty of doping;
- suffers any permanent incapacity; or
- has been incapacitated from playing tennis by reason of or resulting from an injury or illness (including mental illness or disorder) for a period of three (3) months or more.
The Academy reserves the right at its sole discretion to cancel, terminate, postpone, modify or suspend any of the tennis coaching programmes at the Academy in whole or in part at any time and will not be liable for any consequential losses/damages.
The Participant and the Guardian agree and acknowledge that the Academy provides a service for which fees are paid to the Academy by the Participant, and the Participant’s failure to avail of the Academy’s services for any reason shall not entitle the Participant to claim any refund in respect of the fees paid.
Injury/Illness/Absence
The Participant and the Guardian each agree and acknowledge that all right, title and interest in the Academy’s intellectual property and proprietary information shall vest with the Academy and that he/she has no interest of any kind and shall not assert any interest of any kind in such property at any time, whether during or after the Participant’s association with the Academy.
Compliance with the Academy’s Policies
The Participant agrees and accepts that he/she shall comply with all of the Academy’s policies, rules, regulations and instructions, (including without limitation the disciplinary and grievance procedure, code of conduct, medical policy and leave policy) that may be notified from time to time, each of which the Participant shall make himself/herself aware of.
Survival
Any provision of these Terms which by its nature must survive the termination of the association between the parties in order to give effect to its meaning shall survive such termination.
Applicable Law
These Terms hall be governed by the laws of the Republic of India and the courts of Bangalore, India shall retain exclusive jurisdiction to entertain any proceedings in relation to any disputes arising out of the same.
