COACH/CLUB
Term and Conditions
Preamble
These terms and conditions are concluded exclusively between Decathlon Singapore Pte Ltd, registered address, 230 Stadium Boulevard Singapore 397799, herein known as “Decathlon” and the Coach/Club. The session that the Coach/Club is advertising will be known as “the Activity”.
The Coach/Club, herein known as the “User”, declares to be of legal age and in legal capacity to advertise the Event on this platform.
For Participants or Parents/Guardians of Minor Participants or Minor Participants, please refer to the "Terms of Use" and collectively they shall be referred to as "All Parties".
These conditions are subject to change. Therefore, it is understood that the applicable conditions are those in force on the Site at the time of placing the Activity.
Article 1 – Objective
The purpose of these general conditions is to define the conditions of access and payment for paid sports activities available on the Site.
The User declares to have read and accepted these conditions as well as the general conditions of use of the service in force on the day of his/her reservation.
Article 2 - User’s Obligations
2.1 The User warrants that he/she holds the necessary qualifications, experience and diploma to be a trainer of the Activity. The necessary documentation (certificates, etc) will be uploaded together with the posting of the Event.
2.2 The User will not be paid by DECATHLON for the Event.
2.3 The organisation, logistics, obtaining of necessary licences, permits, authorisations, safety of participants and other necessary actions related to planning and executing the Activity will be the sole responsibility of the User.
For the avoidance of doubt, should a partner organise an activity on or within any of Decathlon's premises, the partner must ensure the safety of participants by:
(1) ensuring that all equipment provided and made available to participants during the activity are well maintained and not faulty in any way;
(2) neither encouraging, influencing nor making participants engage in dangerous movements during the activity;
(3) ensuring that participants are given adequate room/space to perform the activities, such that they do not injure each other during the activity;
(4) ensuring that the area used for the activities will not pose any safety hazards to the participants (e.g. uneven surfaces, wet flooring, sharp edges); and
(5) conducting a safety briefing with participants before the commencement of the activity.
2.4 Decathlon will not bear any responsibility towards the postponement or cancellation of the Event.
2.5 During the term of the Agreement, the User shall not without Decathlon’s prior written consent directly or indirectly solicit or entice any of the Parties for his/her or a third Party’s personal or commercial gain. A breach of this term will result in an immediate termination between the User and Decathlon. (Illustration: the User shall not solicit/entice any of the Parties to join his/her gym or any private training sessions.)
Article 3 - Intellectual Property Rights
The User shall retain any and all ownership over the intellectual property rights in the Product Contents produced on his/her Social Media. However, the User hereby grants to DECATHLON, DECATHLON’s parent companies and affiliates, its successors, and assigns, the perpetual, irrevocable, royalty-free, worldwide, nonexclusive right and license over any intellectual property rights owned by the User, or with respect to which the User has a right to grant such rights and licenses, to the extent required by DECATHLON to exploit the Decathlon Product Contents.
For the avoidance of any doubt, DECATHLON shall retain any and all ownership over its own intellectual property rights existing as at the date of the User signing up for the Activity (hereinafter the “Background IP”). DECATHLON’s Background IP includes but not limited to, all pre-existing advertising or promotional materials, trademarks and logos of DECATHLON.
The User grants to DECATHLON the rights to use his/her instructor’s likeness, image, voice, performance and movements (collectively "Image"), by DECATHLON, its subsidiaries and/or parent and related companies, and DECATHLON’s assignees and licensees, in any way and in any medium whether now existing or hereafter devised, in perpetuity, and worldwide.
DECATHLON and DECATHLON’s subsidiaries and/or parent and related companies, assignees and licensees may rely on this Agreement and may edit, alter, print, publish, reproduce, disseminate and otherwise exploit the Image in any way without obtaining any further consent from the User or providing any additional benefits to the User.
The User releases DECATHLON, its subsidiaries and/or parent and related companies from any claims the User may otherwise have from any use of the Product Contents rendered by the User hereunder. The User hereby waives and relinquishes any right to rescind this Agreement or any of the rights granted to DECATHLON, its subsidiaries and/or parent and related companies, or to seek or obtain, for any reason whatsoever, an injunction or any other form of equitable relief, against DECATHLON, its subsidiaries and/or parent and related companies, for any product using the Product Contents, or otherwise interfere with or impair the development, production, manufacture, distribution, exhibition, other exploitation, advertising, promotion, publicizing or merchandising of DECATHLON.
Article 4 – Personal Data Protection
If either Party collects any User’s personal data (personal information, including, but not limited to the name, e-mail, address, credit card number, of customers and employees of both parties), the collecting Party shall be solely responsible for ensuring that all User data remain confidential and that any collection, storage, process, usage and/or transmission of such User Data complies with all applicable rules, regulations, and laws, including, but not limited to privacy laws, and shall immediately notify the other Party in writing of any violation hereof.
The supplying Party shall immediately notify the other Party in writing prior to any transfer of User Data to the other Party if such transfer would violate any rule, regulation or law and in no event shall the supplying Party transfer User Data to the other Party unless and until such violation can be removed or corrected.
Each Party shall (and shall ensure its employees, agents and subcontractors) comply with and duly observe all obligations under the Singapore Personal Data Protection Act (Cap. 26 of 2012) (Act), and shall collect, use, process and disclose personal data only to the extent and in such manner as is necessary for the performance of this Agreement or as required by law or any regulatory body.
Each Party shall implement appropriate technical and organisational measures to protect User data collected in connection with the purpose and performance of this Agreement against unauthorised or unlawful collection, use, processing, disclosure and against loss, destruction, damage, alteration or disclosure and shall delete or modify any personal data at first request of the other Party and/or its customers/users.
Article 5 - Confidentiality
Each Party shall keep confidential and shall not disclose to any person or use directly or indirectly for its own or any other person’s benefit (other than for the due performance by it of its obligations under this Agreement), any Confidential Information disclosed, made available or otherwise provided to that Party (“Receiving Party”) by or on behalf of the other Party (“Disclosing Party”).
“Confidential Information” refers to any and all information obtained directly or indirectly from the Disclosing Party or compiled or generated in the course of this Agreement whether or not marked as confidential or obtained in confidence and includes the terms of this Agreement. Such Confidential information shall not include any information already entered in the public domain.
The Receiving Party shall take all reasonable steps to minimise the risk of disclosure of any Confidential Information disclosed or made available by the Disclosing Party, provided that the Parties hereby agree that such obligation of confidentiality shall not prevent:
- disclosure of Confidential Information as required by law or any regulatory authority provided that the Disclosing Party shall, so far as practicable, first consult with the Receiving Party regarding such disclosure;
- disclosure of any Confidential Information by either Party to its professional advisors,
- disclosure of any Confidential Information to the Receiving Parties ‘directors, employees, agents or representatives whose duties will require them to possess any of such Confidential Information in order to perform the rights and obligations of this Agreement and only for this purpose; and
- disclosure of any Confidential Information by either Party with the prior written consent of the other Party.
Each Party shall promptly return or properly destroy the media supports of the Confidential information and not to keep any copy thereof, at the simple request of the other Party and, whatever the case, in the event of termination of contractual relations.
The obligations in this article shall survive termination and expiry of the Term except and until such Confidential Information enters the public domain as set out above.
Article 6 - Liability
6.1 General Liability
Either Party shall agree to defend, indemnify and hold harmless the other Party from and against any and all liabilities, damages, awards, settlements, losses, claims and expenses, including reasonable legal fees and costs of investigation, arising out of or relating to the breach of any of its obligations under this Agreement.
6.2 Limitations of Liability
Except in relation to article 5 (confidentiality), under no circumstances will either Party be liable for any indirect, incidental, special, punitive or consequential damages whatsoever, including but not limited to loss of revenues, profits of business or business interruption arising out of or in connection with this Agreement, regardless of whether such damages could have been foreseen by either Party.
Nothing in these Terms and Conditions shall be construed to limit or exclude either Party’s liability for death or personal injury by such Party or its employees or contractors or for fraudulent misrepresentation or fraud or breach of confidentiality obligations or any applicable data privacy laws.
Article 7 - Legal Framework
These Terms and Conditions shall in no way be regarded as forming a joint venture, trust or a partnership between the Parties, nor as an agreement conferring upon either Party to have the status of employer of the other Party or its personnel, or the status of legal representative, sales agent or in any way able to bind the other Party.
Neither Party shall be authorised to negotiate, represent or otherwise bind the other Party to any other person.
Article 8 - Governing Law and Dispute Resolution
These Terms and Conditions shall be governed by and interpreted in accordance with the laws of Singapore for every purpose.
The Parties agree to amicably resolve any issue of interpretation, dispute or difference arising out of or relating to these Terms and Conditions and thereafter abide by the agreed course of action. Where settlement by amicable resolution cannot be reached, the dispute shall be brought before the State Courts of Singapore.