Swing to Smash — Terms & Conditions and Liability Waiver

Document Information

Version: 1.1 Organizer: the organizer of the badminton tournament(s) and event(s) run through this website (the "Organizer", "we", "us", "our"). The Organizer can be reached via the tournament website (see Contact below). Service: the Swing to Smash application at swingtosmash.com (the "Service") and the associated badminton tournament(s) and event(s) (the "Event").

IMPORTANT — PLEASE READ CAREFULLY

BY ACCEPTING THESE TERMS AND SIGNING BELOW, YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT, TO THE FULLEST EXTENT PERMITTED BY LAW. PLEASE READ THIS ENTIRE DOCUMENT CAREFULLY BEFORE SIGNING.

1. Acceptance of these Terms

By creating an account, signing in, registering a team, or otherwise using the Service or participating in the Event, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions and the Assumption of Risks, Release, and Waiver of Liability below. If you do not agree, do not use the Service or participate in the Event.

You must affirmatively accept these Terms when you first sign up, and again whenever we publish a materially updated version. We record the version you accepted and the date/time of acceptance.

2. Eligibility

• You must have reached the age of majority in your jurisdiction to create an account and accept these Terms on your own behalf.
• A player who has not reached the age of majority in their jurisdiction (a "minor") may only participate under Section 9 (Minors — Parent or Guardian Agreement), with a parent or legal guardian agreeing and signing on the minor's behalf.
• You represent that all information you provide (including your and your partner's name, email, and gender/discipline) is accurate.

3. Accounts & Sign-in

• Sign-in is via third-party providers (Google, Microsoft, Apple). You are responsible for maintaining the security of the account you use to sign in.
• You are responsible for all activity under your account. Notify us promptly of any unauthorized use.
• When you register a partner, you represent that you are authorized to provide their name and email for the purpose of inviting them, and that they consent to being contacted about the Event.

4. Voluntary Participation; Physical Condition

Your participation in the Event is entirely voluntary. You represent that you are physically fit and medically able to take part in strenuous racquet-sport activity, and that no health-care professional has advised you against doing so. You agree to:

• honestly assess your own fitness and skill and play within your ability;
• warm up properly and use appropriate footwear, eyewear, and equipment;
• inspect the court and your surroundings before play and promptly report to the Organizer any hazard or unsafe condition you notice; and
• stop participating immediately if you feel unwell, are injured, or believe conditions are unsafe.

5. Assumption of Risks

Badminton is a fast-moving racquet sport, and participation in the Event involves risks, dangers, and hazards that can result in physical or mental injury, illness, property damage, and, in rare cases, permanent disability, paralysis, or death. These risks include, but are not limited to:

• being struck by a shuttlecock or by your own, your partner's, or an opponent's racket;
• collisions with other players, partners, opponents, officials, spectators, walls, posts, nets, benches, or equipment;
• sprains, strains, fractures, dislocations, ruptured tendons or ligaments, cuts, bruises, and other musculoskeletal, soft-tissue, eye, or dental injuries;
• slips, trips, and falls, including on damp, slippery, or debris-affected court surfaces;
• overexertion, dehydration, cramping, heat- or cold-related illness, and the risk of stroke, heart attack, or other life-threatening conditions brought on by physical exertion;
• the condition of the venue, courts, lighting, flooring, and equipment;
• the actions or inactions of other participants, spectators, volunteers, officials, or third parties, including negligent first aid;
• failure to play safely or within one's own ability, exposure to communicable illness, and travel to and from the venue; and
• NEGLIGENCE ON THE PART OF THE RELEASED PARTIES (defined in Section 6), WHICH INCLUDES THEIR FAILURE TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT YOU FROM THE RISKS, DANGERS, AND HAZARDS REFERRED TO ABOVE.

YOU FREELY AND KNOWINGLY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERS, and you accept full responsibility for your participation.

6. Release and Waiver of Liability

IN CONSIDERATION OF BEING PERMITTED TO USE THE SERVICE AND PARTICIPATE IN THE EVENT, YOU, ON BEHALF OF YOURSELF AND YOUR HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, AND ASSIGNS, HEREBY RELEASE, WAIVE, FOREVER DISCHARGE, AND COVENANT NOT TO SUE the Organizer and its owners, officers, directors, employees, volunteers, officials, scorers, administrators, coaches, sponsors, the venue owner and operator, other participants, and their respective agents, representatives, successors, and assigns (collectively, the "Released Parties") FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND CAUSES OF ACTION OF ANY KIND arising out of or relating to your use of the Service or your participation in the Event — including any injury, illness, death, or damage to or loss of property, whether suffered by you or by a minor on whose behalf you agree — DUE TO ANY CAUSE WHATSOEVER, INCLUDING THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES, BREACH OF CONTRACT, THE CONDITION OF THE PREMISES, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER APPLICABLE OCCUPIERS' LIABILITY LEGISLATION, TO THE FULLEST EXTENT PERMITTED BY LAW.

This release does not apply to liability for gross negligence, recklessness, willful or wanton misconduct, or intentional acts, or to any other liability that cannot be waived or limited under applicable law. Nothing in these Terms limits rights that mandatory consumer-protection or other law in your jurisdiction does not allow to be limited. YOU UNDERSTAND THAT BY AGREEING YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS THAT YOU OR YOUR HEIRS WOULD OTHERWISE HAVE.

7. Indemnification and Hold Harmless

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless the Released Parties from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the Service, (b) your participation in the Event, (c) your violation of these Terms, or (d) your violation of any rights of a third party (including a partner you registered).

8. Medical Treatment Consent

You consent to receive first aid and emergency medical treatment, including transport to a medical facility, if you are injured or require care during the Event, and you agree that the Released Parties are not responsible for the cost, quality, or consequences of any such treatment. You are responsible for your own health insurance and for all medical expenses. You should not participate if a medical professional has advised you against strenuous activity.

9. Minors — Parent or Guardian Agreement

If you accept these Terms on behalf of a minor: you represent that you are the minor's parent or legal guardian; you have read this entire document and accept it both personally and on the minor's behalf; and the assumption of risks, release, waiver, indemnity, and consents above bind you and, to the fullest extent permitted by law, the minor and the minor's heirs and assigns, EVEN FOR CLAIMS ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES. You acknowledge that some jurisdictions limit a parent's or guardian's ability to waive a minor's own claims; in those jurisdictions this section applies to the fullest extent the law allows. You remain responsible for the minor's supervision, conduct, and fitness to participate.

10. Personal Property

The Released Parties are not responsible for loss of or damage to your personal property (including equipment, phones, and belongings) at the venue or in connection with the Event.

11. Code of Conduct & Event Rules

• You agree to follow the rules of the Event, the decisions of officials/scorers/admins, the applicable rules of the sport, and the rules of the venue.
• You will not engage in unsafe play, harassment, abuse, discrimination, cheating, or unsportsmanlike conduct.
• The Organizer may, at its discretion, warn, disqualify, remove, or ban any participant for conduct that violates these Terms or endangers others, without refund.

12. Media, Photography & Likeness

The Event is a public sporting event: spectators may be present, and matches, scores, and results are published on the public tournament portal (see the Privacy Policy). Your consent to the promotional use of photographs and recordings of you is collected separately in the app as an optional opt-in — it is not a condition of participating, and declining does not affect your registration. Regardless of that choice, factual Event records (your name, team, results, and standings) are published as part of running the tournament.

13. Communications

You agree to receive transactional communications necessary to run the Event (registration confirmations, partner invitations, schedule and result notifications) at the email associated with your account. Non-essential announcement or marketing messages include an unsubscribe option. See the Privacy Policy for details.

14. Data & Privacy

We collect and process personal data (including name, email, and gender/discipline) to operate the Service and the Event, as described in our Privacy Policy, available on the tournament website. You may request access to, export of, or deletion of your data as described there and as required by applicable law.

15. Intellectual Property

The Service, including its software, design, and content, is owned by the Organizer or its licensors and is protected by law. You may use the Service only as permitted by these Terms. You retain rights to content you submit but grant us a license to use it to operate the Service and Event.

16. Disclaimers — "As Is"

The Service is provided "AS IS" and "AS AVAILABLE," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that schedules, scores, or standings displayed will be free of error, and we make no warranty about the condition of the venue or its suitability for play.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, the Released Parties will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or data, arising from your use of the Service or the Event. The Released Parties' total aggregate liability for any claim relating to the Service or the Event will not exceed the amount you paid (if any) to participate in the Event or, if participation was free of charge, a nominal amount. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

18. Changes; Suspension & Termination

We may modify these Terms. For material changes, we will update the version number and require you to accept the new version before continuing to use the Service; continued use after non-material changes constitutes acceptance. We may suspend or terminate your account or participation for any violation of these Terms or for conduct that risks the safety or integrity of the Event, without refund and without liability.

19. Governing Law & Dispute Resolution

These Terms, including the Assumption of Risks and the Release and Waiver of Liability above, are governed by the laws of the jurisdiction where the Event is held, without regard to conflict-of-laws rules. The courts of that jurisdiction have exclusive jurisdiction over any dispute arising out of or relating to these Terms, the Service, or the Event, and you agree to bring any claim only in those courts.

20. Severability; Entire Agreement

These Terms are intended to be as broad and inclusive as the law of the governing jurisdiction permits. If any provision is found unenforceable, the remaining provisions continue in full force, and the unenforceable provision will be enforced to the maximum extent permitted. These Terms, together with the Privacy Policy and any Event-specific rules, are the entire agreement between you and the Organizer regarding the Service and the Event, superseding prior agreements. No oral representation, statement, or inducement apart from these Terms has been made.

21. Contact

Questions or notices about these Terms: contact the Organizer via the tournament website.