TERMS & CONDITION
- Definitions In these Terms & Conditions, these particular expressions have the following meanings: “Damage” includes death, bodily injury to a player, delay, loss, partial loss or other damages, arising out of/or in connection with activities or other services incidental thereto performed by us. “Player”, “Customer”, “Member”, “Guest”,” you”, “your” and “yourself” means any person, except members of the staff in our centres with our consent. “We”, “our”, “ourselves”, “us” and “MBA” means Michael’s Badminton Academy & Sports Sdn Bhd. “Website” means the website http://www.mba101badminton.com provided by us for the purpose of customers accessing information about us.
- Captions The title or caption of each Article of these Terms & Conditions is for convenience only, and is not to be used for interpretation of the text.
- Government taxes, charges and insurance surcharge Any taxes, charges or insurance surcharge imposed by the Government or relevant authorities in respect to the usage of any of our services or facilities will be charged in addition to our fees, and shall be borne by members and guests, unless otherwise specifically stated. Such taxes, charges and insurance surcharges imposed may change from time to time and can be imposed even after the date that bookings have been confirmed. Members/guests shall nevertheless bear such taxes, charges or insurance surcharges as and when they fall due prior to reservation.
- Currency Fees and charges are payable in Malaysian Ringgit (MYR) unless otherwise specifically stated.
- Payment All payments in CASH/CHEQUE must be made payable to MICHAEL’S BADMINTON ACADEMY & SPORTS SDN BHD Fees must be paid in full when reservations are made. In the event that fees have not been paid in full for any reason whatsoever, we reserve the right to cancel reservations prior to check-in and/or to disallow the usage of facilities/services.
- Facilities Booking The reservation is confirmed after the full payment is made and after we issue a receipt. Once confirmed, the booking cannot be cancelled and payments made are not refundable. Guests will be allocated a court upon payment. We do not guarantee to provide any particular courts, and guests must agree to accept any court that may be allotted or is otherwise made available. We reserve the right to re-assign courts at any time, including after checking in. This may be necessary for operational and safety purposes.
- Credit Vouchers
Eligibility and Redemption MBA credit vouchers (“Credits”). Credits are issued by Michael’s Badminton Academy & Sports Sdn Bhd (“MBA”). To redeem a Credit, you will need access to the internet, and you will need to qualify for, and have or create a MBA Payments account for the jurisdiction specified in these terms. Credits must be redeemed toward the purchase of eligible products on https:// www.mba101badminton.com. Purchases are deducted from Credit balance. Any unused Credit balance will remain in the recipient’s Credit balance when redeemed.
Limitations The Credit Vouchers may be used for online booking only. The Credit Voucher is not redeemable for cash or other cards, is not reloadable or refundable, cannot be combined by you with other non-credit balances in your MBA Payments account, and cannot be resold, exchanged or transferred for value, except as required by law. If you have insufficient Credit balance to pay for an item on MBA, you may use a credit or debit card to purchase so that you may complete your payment for that item. You may use a different form of payment altogether to purchase the item. Once Credit Voucher is purchased, the risk of loss and title for the Credit Voucher passes to the purchaser, as applicable. MBA disclaims all express or implied warranties as to the Credit Vouchers and MBA. These Credit Vouchers terms may be subject to change in our sole discretion subject to applicable law.
Expiration Expiration dates apply to these Credit Vouchers.
Fraud MBA is not responsible if a Credit Voucher is lost, stolen, destroyed or used without your permission. MBA will have the right to close customer accounts and bill alternative forms of payment if a fraudulently obtained Credit Voucher is redeemed and/or used to make purchases with MBA.
Limitation of Liability MBA makes no express or implied warranties, including warranties of merchantability or fitness for a particular purpose, on the Credit Voucher. In the event a Credit Voucher is non-functional, your sole remedy and MBA’s sole liability will be the replacement of such Credit Voucher, subject to applicable law.
- Classes All fees must be paid before commencement of any sessions. Sessions cannot be credited or deducted from fees and it is our members’/guests’ obligation to attend.
- Refund & Cancelation policy All fees are STRICTLY non-transferable and non-deductible unless stated otherwise. There will be no refunds for non-usage of clubs facilities or services.
- For Traveling Guests (Passport / Visa) Guests travelling outside their home countries may require valid travel documents including a passport, visa, re-entry permit, health certificate, inoculation record, a ticket for the return journey or continuance of their trip, or ANY combination thereof. The responsibility for the proper documentation rests with the individual passenger. Concerns about the required travel documents may be resolved by contacting the appropriate consulate or embassy.
- General Terms & Conditions MBA reserves the exclusive rights to make alterations, for any tournament/events or maintenance without prior notice, though every consideration will be made to minimise inconveniences. MBA reserves the exclusive right to replace/change goods of equivalent value. MBA reserves the exclusive right to cancel, terminate or suspend any services without any prior notice. MBA reserves the exclusive right to remove any members/guests whose conduct/ behaviour is detrimental to any of our staff/guests. MBA reserves the exclusive right to change, amend, delete or add on to these Terms & Conditions without prior notice. For the avoidance of doubt, cancellations, termination or suspension by the Management shall not entitle members to any claim or compensation against the Club for any and all loss/damage suffered from incurred by the members as a direct and indirect of the act of cancellation, termination or suspension. Members/Guests are responsible for their own insurance arrangements in respect of any injuries which may be suffered by them, or caused to them by any third party whilst using the facilities. The Management shall not be held responsible/liable for any loss of personal belongings and any cause of injuries/death/medical expenses incurred arising from any activities held within the premises.
- Accuracy All fees, prices, training schedules, events published, pre-booked products and services are correct at the time of publication and are subject to change anytime without prior notice.
LIABILITY & MEDICAL RELEASE
- Liability Release and Express Assumption of Risk Waiver I/We hereby affirm that I have been advised & thoroughly informed of the inherent hazards of this activity.
I/We understand and agree that neither MBA, nor any of their respective shareholders, directors, employees, officers, agents or assigns, (hereinafter referred to as “Release Parties”) may be held liable or responsible in any way for any injury, death or other damages to me/us or my/our family, heirs or assigns that may occur as a result of my/our participation in this activity or as a result of the negligence of any party, including the Released Parties, whether passive or active.
In consideration of being allowed to participate in this activity. I/We hereby personally assume all risk in connection thereof for any harm, injury or damage that may befall me/us while I/We am/are participating in the said activity, including all risk connected therewith, whether foreseen or unforeseen.
I/We further save and hold harmless the Released Parties from any claim or lawsuit by me/us, my/our family, estate, heirs or assigns, arising out of my/our participation in this activity including both claim arising during this activity or after I/We complete the activity.
I/We also understand that this activity is physically strenuous and that I/We will be exerting myself/ourselves during the said activity and that I/We am/are injured as a result of a heart attack, panic, hyperventilation, etc, that I/We expressly assume the risk of said injuries and that I/We will not hold the above-listed individuals or companies responsible for the same.
I/We hereby grant MBA, their licensees and contractees including photographers, television and motion picture companies, their affiliates and subsidiaries, full television and motion picture rights including authority to film or videotape me/us during matches, narratives, personal interviews, or comment thereon for any and all commercial, news or other purposes together with the right to transfer or grant their rights to others, all without remuneration or compensation to me/us whatsoever.
I/We further state that I/We am/are of lawful age and legally competent to sign this liability and release, or that I/We have acquired the written consent of my /our parent or guardian.
I/We understand that the terms herein are contractual and not a mere recital and that I/We have signed this document of my/our own free act.
It is the intention of the registered participant by this instrument to exempt and release MBA, and all related entities as defined above, from all liability or responsibility whatsoever for personal injury, property damage or wrongful death however caused, including but not limited to, the negligence of the Release Parties, whether passive or active.
- Medical release and Authorisation I/We, hereby authorise the diagnosis and treatment by a qualified and licensed medical professional, of myself /ourselves, in the event of a medical emergency, which in the opinion of the attending medical professional, requires immediate attention to prevent further endangerment of the myself /ourselves, physical disfigurement, physical impairment, or other undue pain, suffering or discomfort, if delayed. Permission is hereby granted to the attending physician to proceed with any medical or minor surgical treatment, x-ray examination and immunisations for myself /ourselves. In the event of an emergency arising out of serious illness, the need for major surgery, or significant accidental injury, I understand that every attempt will be made by the attending physician to contact me in the most expeditious way possible. This authorisation is granted only after a reasonable effort has been made to reach me. Permission is also granted to the MBA and its affiliates including Directors, Coaches to provide the needed emergency treatment prior to myself /ourselves admission to the medical facility. Release authorised on the dates and/or duration of the registered season. This release is authorised and executed of my/our own free will, with the sole purpose of authorising medical treatment under emergency circumstances, for the protection of life and limb of myself /ourselves.