I hereby agree to the terms and conditions and give consent to all people added to my ESMone Account in becoming a member of ESM, in association with EAST SPORTS EQUIPEMENT ARTICLES AND SERVICES LLC (ESM), henceforward. During the membership period, I consent to these members participating in activities and events organised or attended by ESM, for which they are eligible. ONLINE BOOKING RESERVATION AND AVAILIBILITY
All bookings must be made online via ESMone portal. Booking confirmation is sent to your registered email address. All services are subject to availability and allocated on a first come first serve basis. DISCOUNT & OFFERS
Only one discount can be applied per booking and cannot be used in conjunction with any other discount or promotion. CIRCUMSTANCES BEYOND OUR CONTROL (FORCE MAJEURE)
We reserve the right to cancel any ESM bookings, at any time, and without notice period, in the event of circumstances beyond our control which has prevents ESM from operating. In the event of a Force Majeure, ESM will offer credit notes which may be used against any ESM services. FEES AND CREDIT NOTES
I understand that ESM offers credit notes for circumstances outlined below:
I understand that ESM offers refunds for the circumstances outlined below:
Aside from these circumstances, I understand there are no refunds permitted.
I understand that the fees I am paying comprise 30% administration and business costs and 70% services fee. In the event of a refund being awarded, only the services fee will be refunded (on a pro-rata basis for the affected sessions, where relevant) and ESM will take up to 14 working days to issue the refund.
I understand that no responsibility will be accepted by ESM for loss or damage to the property or valuables of the registered members on my account, even if such items are left in the lockers provided.
We reserve the right to exclude or refuse any person at any time prior to and during services or events if, in our opinion, that person is incompatible with the general wellbeing of our staff members or other participants. To participate in individual services and events you may be required to agree to additional terms and conditions. If any participant does not comply with our terms and conditions, they may be asked to leave until compliant or for an extended period of time, at the discretion of ESM. In this instance, no refund will be granted.
Any information provided to ESM may be held on computer and shall be used by ESM in accordance with all applicable laws and data protection legislation. We will not share any personal information provided without prior written consent.
We reserve the following rights: i) to alter the content, nature, and/or venue of the services at any time; ii) to alter the details of any published information at any time; iii) to alter method of payment if deemed necessary at any time; and iv) to review and amend our policies from time to time without prior notice.
By agreeing to this Waiver, I assume all risk of all those registered on my account, participating in or spectating the activities and events with EAST SPORTS EQUIPEMENT ARTICLES AND SERVICES LLC (hereinafter ESM).
I acknowledge that the activities and events may pose some risk of personal injury and that I undertake and assume this risk for all those registered on my ESMone account.
I waive, release, and discharge liability to ESM, its employees, volunteers and representatives for personal injury or accident caused as a result of my negligence or the negligence of those registered on my account, whilst participating in the activities and events, including, but not limited to, disobeying instructions.
I certify on behalf of all those registered on my account that they are physically fit and can participate in the activities and events and have not been advised to not participate by a qualified medical professional.
I fully understand the risks associated with participating in any activities and events which can include accident, personal injury, including injuries unknown and unanticipated, or even death.
Should the need arise, I hereby give my consent to ESM to provide medical treatment, which may be deemed advisable in the event of injury, accident, and/or illness during participation of the activity or event. I understand that all those enrolled on my account must have their own medical insurance to participate in any activity or event.
I acknowledge that this Waiver will be used by ESM and that it will govern my actions and responsibilities during all participation or spectating of activities and events.
I understand that spectators and participants are not permitted to take photos or video photography during activities and events, unless permission is expressly granted in writing.
Unless otherwise specified, photography and videos may be taken by the ESM coaches and staff for quality assurance and skill development purposes during activities and events; or by a third party who are appointed for the purpose of marketing. By taking part in any event, you grant ESM full rights to use the images resulting from the photography/video filming, and any reproductions or adaptations of the images. This might include, but is not limited to, the right to use them in their printed and online publicity, social media, press releases and funding applications.
ESM will take all steps to ensure these images are used solely for the purposes they are intended. If you become aware that these images are being used inappropriately you should inform an ESM staff member or the Child Protection Officer.
I recognise and fully understand the inherent health risks associated with entering a sports or public venue and voluntarily assume the risk that I, and those registered on my account or accompanying those registered, may be exposed to, or infected by, communicable diseases, including, but not limited to, COVID-19, while on site at the venue and that such exposure or infection may result in personal injury, illness, permanent disability, and/or death.
I agree that I am personally responsible for obtaining all health information, instructions, medical procedures, and immunisations appropriate by a licensed professional at my own discretion for all those registered on my account.
I understand that the risk of becoming exposed to or infected by any communicable disease at the venue may result from the actions, omissions, or negligence of myself, the people registered on my account and others, which may not be in the control of ESM. I voluntarily agree to assume all of the foregoing risks and agree that this release includes any claims whether infection occurs before, during, or after participation in activities within the facilities.
I understand that I will be held responsible for ant damages caused to the facility by all people added to my ESMone account. I furthermore agree to indemnify and hold harmless ESM, the owner(s) of the facility, and their staff for any claims resulting from such damages or any injury arising as a result of occurrences connected with my use of the facility.
I shall defend, hold harmless, and indemnify the parties from and against all losses, claims, damages, costs, or expenses (including reasonable legal fees, or similar costs) in connection with any action or claim brought or made (or threatened to be brought or made), for, or on account of any injuries or damages, received or sustained by those registered on my account arising during the course of the activities and events, that is not deemed to be in the control of ESM.
This Waiver constitutes the sole and only agreement between the parties concerning all persons registered and signed up through my account and indemnification as a condition for participating in any activities or events with ESM. Any prior agreements, whether oral or in writing, shall be void and of no further effect. This Waiver may not be modified.
I CERTIFY THAT I HAVE READ THIS DOCUMENT, AND I FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE AND INDEMNIFICATION OF LIABILITY FOR MYSELF AND ALL THOSE REGISTERED TO MY ESMone ACCOUNT, AND I AGREE TO IT OF MY OWN FREE WILL.