1.1 Trainee agrees that during the Training period he shall:
(a) Warrant that all the information furnished by the User at the time of registration will be true, complete, correct and updated and any change in such information will be updated by the user and intimidated to SportsQ immediately. SportsQ is entitled to act on the basis of the information provided by the user and seek such further information, clarification or verification as it may deem necessary for granting registration. Such registration may be suspended or cancelled if SportsQ is of the view that any of such information may be false, fake, incomplete, redundant or inaccurate;
(b) disclose any or all pre disposed medical conditions/ injury/ ailments at the time of enrollment to SportsQ, in writing, along with the Certificate of a Registered Medical Practitioner permitting him to the play the sport;
(c) adhere to the instructions of the Coach(es) and others and follow the curriculum/ course as set out by them;
(d) abide and follow all lawful instructions of the Coach(es);
(e) bear all costs for medical examinations and treatments in respect of any injury, ailment, sickness or condition of Trainee that requires such examinations and treatments;
(f) maintain the privacy and confidentiality of his access details (User Id, Password etc.) with respect to the services provided by SportsQ. Any access to or use of services from the registered account of the user shall be construed as access to or use of such services by such registered user.
1.2 Trainee agrees that, during the Term, he will not:
(a) damage or misuse any property or equipment belonging to SportsQ Pvt. Ltd.;
(b) engage in any conduct which will bring himself or SportsQ into disrepute or offend any community or public morals.
(c) Post any content on the website which is objectionable in nature and which would cause any damage to SportsQ.
(d) misuse the IP Address of SportsQ.
2.1. Once the Trainee/ Parent/ Legal Guardian has has registrated to avail of any or all of the services as provided by SportsQ, the Trainee/ Parent/ Legal Guardian is required to make full advance payment of the price of the services in such form or manner as permissible by the website. SportsQ may use third party platforms in order to facilitate such payment by the Trainee/ Parent/ Legal Guardian and will not be responsible for any loss or damage caused to the Trainee/ Parent/ Legal Guardian by any such third parties.
3.1 Trainee/ Parent/ Legal Guardian hereby unconditionally and irrevocably assigns to SportsQ (along with the right to further assign or sub-license), for the benefit of SportsQ, as appropriate, the entire copyright and all other intellectual property rights of any kind. Such Trainee/ Parent/ Legal Guardian hereby grants the consent license to SportsQ to use, copy, transmit, host, store, reproduce, modify, create derivative works of, communicate, publish, publicly perform, publicly display, print, edit, translate, reformat and distribute content of any media (photographs, videos, articles etc.) uploaded, submitted or stored on the website.
3.2 Trainee/ Parent/ Legal Guardian hereby waives, to the fullest extent permissible by law, all moral rights to which he is or may become entitled under applicable laws in relation to his performance of this Contract.
3.3 The rights Trainee/ Parent/ Legal Guardian hereby grant in this license are for the limited purpose of operating, promoting, and improving Services, and to develop new services. This license shall continue to operate even if a Trainee stops using Services or terminates this Agreement.
3.4 Unless specified to the contrary and subject to applicable law, ownership of all intangible and/or intellectual property developed or existing (including any data generated as a result of Services) shall ab initio rest with SportsQ. Nothing in these Terms shall be construed as granting of any implied licenses by SportsQ and all rights not expressly granted to a Trainee/ Parent/ Legal Guardian are reserved solely by SportsQ unless specified otherwise.
3.6 SportsQ respects the intellectual property rights of Persons and does not hold any responsibility for any violations of any intellectual property rights by Trainee/ Parent/ Legal Guardian
3.7 The Trainee/ Parent/ Legal Guardian hereby exclusively grants to SportsQ the following rights, along with the right to further assign or sub-license such rights:
(a) photograph Trainee, both individually and as a player of SportsQ;
(b) film, televise, photograph, identify and otherwise record Trainee and his performance during Matches and periods ancillary thereto, including training periods, under the conditions set down from time to time by SportsQ;
4.1 Trainee shall immediately report to SportsQ and the Coach, the full details of any injury suffered during the Term under this Contract, including an injury that affects his performance during the Term. The Trainee/ Legal Guardian/ Parents hereby indemnify and keep indemnified SportsQ from any injury/ ailment/ medical condition arising out of the injury sustained during the term under this contract.
5.1 Each Party represents, warrants and covenants to the other Party that:
(a) it has the right, power and authority to execute and deliver, and to exercise its rights and perform its obligations under this Contract as well as any document that may be executed by the Parties under or pursuant to or in connection with or in order to give effect to this Contract;
(b) there is no claim or litigation pending or threatened against it and no condition exists that adversely affects its ability to carry out its obligations as contemplated under this Contract; and
(c) the execution and delivery of, and the performance of obligations under and in compliance with the provisions of, this Contract, and any other documents that may be executed under or pursuant to or in connection with or in order to give effect to this Contract, shall not result in:
(i) the breach of, or constitute a default under, any other instrument or agreement to which it is a party; or
(ii) the violation of any law, rule or regulation in any jurisdiction having the force of law or of any order, judgment or decree of any court or governmental agency or agreement to which it is a party or by which it or its assets are bound.
5.2 Trainee/ Parent/ Legal Guardian further represents and warrants to SportsQ that he has made a full and honest disclosure to SportsQ of Trainees past and current medical history, including all injuries suffered, medical conditions and treatments that could in any way affect his fitness and/or ability to play the sport at any time during the Term.
5.3 SportsQ disclaims all warranties in relation to access to or provision of Services, whether express or implied, including but not limited to:
(a) Services being constantly available or available at all;
(b) Services being successfully executed in all cases;
(c) Website being always functional without any disruption, delay or error;
(d) Trainee/ Parent/ Legal Guardian ability to use the Services, directly or indirectly;
(e) Trainee/ Parent/ Legal Guardian satisfaction with the Services;
(f) the accuracy of the data provided in the course of Service;
(g) the security and privacy of each Trainee/ Parent/ Legal Guardian data;
(h) that all bugs or errors in relation to Services will be fixed or corrected;
(i) that Website will be compatible with all devices, all networks and all browsers;
(j) that use of Services is fit for a particular purpose or use, except as provided herein; or
(k) that Services and Contents is accessible in every location.
6.1 The Legal Guardian hereby consents to the execution by Trainee of this Contract as a minor. The Legal Guardian acknowledges that he has read this Contract, is familiar with and affirms all of the terms, covenants and conditions herein, and that the Legal Guardian will not revoke said consent during the minority of Trainee.
6.2 The Legal Guardian hereby covenants to cause Trainee to fulfill the terms and conditions of this Contract at all times. The Legal Guardian shall also indemnify and keep SportsQ indemnified against all losses, damages, costs, claims and expenses whatsoever which SportsQ may suffer, pay or incur by reason of or in connection with any such default on the part of Trainee including legal proceedings taken against Trainee/ Legal Guardian/ Parents.
6.3 SportsQ shall not be liable:
(a) for any act/action however so arising from any perpetrator or alleged perpetrator or third party of any Abuse or attempt threat;
(b) for any fines or penalties or the costs of defending and criminal proceedings
(c) for any physical injury or damage, during the course of training, arising out of any abuse/ ill-actions perpetrated upon the Trainee.
6.4 The Legal Guardian shall be personally responsible for trainee at all times. The Legal Guardian understands and has considered all inherent risks and hazards associated with participation in athletic activities which can occur despite the use of precautionary measures, direct supervision and such other endeavors that SportsQ shall adopt. The Legal Guardian has voluntarily chosen to allow Trainee to participate in playing the sport and assumes any and all risks associated with the same. In this regard, simultaneous with the execution of this Contract, the Legal Guardian has executed a Deed of Indemnity annexed as Annexure‘A’ hereto.
7.1 General agreement with relation to the Agreed Covenants:
(a) Trainee acknowledges and represents that he (i) understands the Agreed Covenants set forth in this Contract (ii) is fully aware of his obligations hereunder, including, without limitation, the length of time and scope of each one of the Agreed Covenants; and (iii) finds the length of time and scope of each one of the Agreed Covenants to be reasonable.
(b) Trainee acknowledges and agrees that the Agreed Covenants are considered reasonable for the legitimate protection of the business and the goodwill of the business of SportsQ, but in the event that such Agreed Covenants shall be found to be void, but would be valid if some part thereof was deleted or the scope, period or area of application were reduced, the above restriction shall apply with the deletion of such words or such reduction of scope, period or area of application as may be required to make the Agreed Covenants valid and effective.
(c) Trainee acknowledges and agrees that the Agreed Covenants relate to special, unique and extraordinary matters that only arise upon Trainee committing a Breach, and that a violation of the Agreed Covenants by Trainee will cause SportsQ irreparable injury. Therefore, Trainee agrees that SportsQ shall be entitled to an interim injunction, restraining order or such other equitable relief as a court of competent jurisdiction may deem necessary or appropriate to restrain Trainee from committing any violation of the Agreed Covenants. These injunctive remedies are cumulative and are in addition to any other rights and remedies SportsQ may have under law or equity.
8.1 This Contract, its contents, its existence and all information exchanged between the Parties under this Contract or during the negotiations preceding this Contract is confidential to them (“Confidential Information”) and may not be disclosed to any third party. Each Party shall hold in strictest confidence, shall not use or disclose to any third party, and shall take all necessary precautions, to the extent reasonably practicable, to secure any Confidential Information of the other Party. Trainee/ Parent/ Legal Guardian shall not issue any press release or organize a press meet or make any public announcement or any disclosure in relation to this Contract or the relationship between the Parties without taking prior written consent of SportsQ. The Parties agree that disclosure of such Confidential Information shall be restricted, on a need-to-know basis, and only to the extent necessary, solely to employees, agents, advisors, consultants and representatives of a Party, who have been advised of their obligation with respect to the Confidential Information.
8.2 Trainee agrees that SportsQ’s operations and financial and business information concerning the Team and other matters, including any reports from scouts or playing tactics/strategies constitute Confidential Information and Trainee shall not, during the Term or at any time thereafter:
(a) disclose or publish or cause to be disclosed or published, whether directly or indirectly, any such Confidential Information;
(b) remove from SportsQ’s premises or the premises of any of the Academies, coaches, elite sports persons, sports psychologists, Genetic Testing Companies engaged by SportsQ any such Confidential Information or use the same for any purpose other than the proper performance of this Contract.
8.3 Notwithstanding the above, the obligations of confidentiality do not extend to Confidential Information which:
(a) is disclosed with the prior written consent of the Party who supplied the information;
(b) is required to be disclosed pursuant to applicable law or the rules of any relevant stock exchange or in connection with any necessary intimation to any Governmental Authority; or
(c) is required to be disclosed pursuant to judicial or regulatory process or in connection with any judicial process regarding any legal action, suit or proceeding arising out of or relating to this Contract, after giving prior email / written notice to the other Party, to the extent reasonably practicable.
9.1 Each Party (the “Indemnifying Party”) shall be liable to indemnify, defend and hold harmless the other Party, its respective directors, officers, representatives, employees and agents, if any, (“Indemnified Persons”) against any and all Losses suffered or incurred by any Indemnified Person, owing to or arising out of or in connection with breach of any representations, warranties, undertakings or covenants made by the Indemnifying Party under this Contract.
9.2 The indemnification rights of the Indemnified Persons under this Contract are independent of, and in addition to, such other rights and remedies as the Indemnified Person may have at law or in equity or otherwise, to seek specific performance, rescission or other injunctive relief, none of which rights or remedies shall be affected or diminished thereby.
9.3 Provided however, it is expressly agreed between the Parties that despite the use of precautionary measures, direct supervision and such other endeavors that SportsQ shall adopt, SportsQ shall not be liable for any claims, demands, losses or damages of any nature to Trainee or his Legal Guardian (including on account of disability, ailments or injury, including death or damage to property, caused or alleged to be caused to Trainee).
9.4 Use of Services and/or Content is entirely at Trainee/ Parent/ Legal Guardian own risk and SportsQ shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, monetary or any other damages, fees, fines, penalties or liabilities whatsoever arising out of or relating to a Trainee/ Parent/ Legal Guardian use of Services or Content.
9.5 Each Trainee/ Parent/ Legal Guardian is responsible for any breach of its obligations under the Agreement and/or for the consequences of any such breach.
10.1 This Contract shall be subject to, governed by and construed in accordance with, the laws of the jurisdiction in which the Contract is being performed.
10.2 The courts of Mumbai shall have exclusive jurisdiction in relation to Disputes arising under, out of, or in connection with, this Contract.
Trainee/ Parent/ Legal Guardian should consult an appropriate professional for tailored advice, specific to such Trainees situation and/or medical condition.
SportsQ shall not be responsible for viruses, worms, trojan, and other harmful or destructive content. The website may contain content that is offensive, indecent, or otherwise objectionable. The website may also contain content that infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to certain additional terms and conditions, stated or unstated. SportsQ disclaims any responsibility for any harm resulting from the use of the website, or from any downloading of content posted on the website.
The Trainee/ Parent /Legal Guardian has read and understood the terms & Conditions as set forth and agree to abide by the same