UAE STORM GAMES WAIVER OF LIABILITY
These are the terms and conditions that govern your relationship with the Event and USG, in your capacity as a participant in this Event, as a volunteer in this Event or otherwise. Please read these terms and conditions carefully before agreeing to participate, volunteer or otherwise being engaged in this Event, as it contains your rights and obligations. By continuing with this Event, you expressly agree to the terms and conditions below:
1.1 “USG” means “UAE STORM GAMES”, and includes reference to the owner of the Event, organizers of the Event, the shareholders, beneficial owners, their affiliates, directors, officers, employees, agents, contractors, insurers, spectators, equipment suppliers, volunteers, and any persons in anyway engaged by or related to the Event;
1.2 “Event” means this event being held by USG, being marketed by the name of “UAE STORM GAMES”, to be held on such date and time, and at such Venue as specified on the event website;
1.3 “Releasing Parties” or “I” means you the participant, the volunteer or any other such person engaged with USG in relation to the Event, as well as your spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, as may be appointed from time to time, or anyone else who might claim or sue on your behalf. In the case of minors, Releasing Parties include the parents and guardian of the participating minor, as well as the minor;
1.4 “Released Parties” means all of the following: (a)USG; (b) the owners and operators of the Venue where the Event is taking place, such owners’ and operators’ directors, officers, employees, agents, contractors, insurers, equipment suppliers, and volunteers; (c) the Event sponsors, organizers, promoters, directors, officials, property or Venue owners, and advertisers; (d) governmental bodies and/or municipal agencies whose property and/or personnel are used; and (e) any or all parent, subsidiary or affiliate companies, licensees, officers, directors, partners, board members, supervisors, insurers, agents, equipment suppliers, and representatives of any of the foregoing including but not limited to USG;
1.5 “Venue” means the venue where the Event shall take place, as determined by USG.
- Warning of Assumption of Inherent Risks
2.1 "By participating, volunteering, working for or being otherwise involved in the Event, I acknowledge that the Event is an extreme test of physical and mental limits that carries inherent risks of physical injury. Inherent risks are risks that cannot be completely eliminated (without changing the challenging nature of the Event) regardless of the care and precautions taken by USG and the other Released Parties. I understand that the Event is extremely strenuous and acknowledge the accompanying risks and dangers generally present in such activities. I further acknowledge that these hazards may be magnified due to the extreme conditions and circumstances under which the Event is often conducted."
2.2 "I understand and acknowledge that the inherent risks include, but are not limited to: (a) contact or collision with persons or objects (e.g. collision with spectators, course personnel, objects on the course); (b) contact with other participants, volunteers, contact or collision with motor vehicles or machinery, and contact with natural or man-made fixed objects or obstacles; (c) encounter with obstacles (e.g. natural and man-made water, road and surface hazards, close proximity and/or contact with thick smoke and open flames, barbed wire, pipes, and electric shocks); (d) equipment-related hazards (e.g. broken, defective or inadequate competition equipment, unexpected equipment failure, imperfect course conditions); (e) weather-related hazards (e.g. extreme heat, extreme cold, humidity, ice, rain, fog); (f) inadequate first aid and/or emergency measures; (g) judgment- and behavior-related problems (e.g. erratic or inappropriate co-participant behavior, erratic or inappropriate behavior by the participant, volunteers, errors in judgment by personnel working the Event); and (h) natural hazards (e.g. uneven terrain, rock falls, fire, storm, lightning strikes, earthquakes, wildlife attacks, contact with poisonous plants, marine life and/or ticks)."
2.3 I further understand and acknowledge that any of these risks and others, not specifically named, may cause injury or injuries that may be categorized as minor, serious, or catastrophic. Minor injuries include, but are not limited to: scrapes, bruises, sprains, nausea, and cuts. Serious injuries are less common and can include, but are not limited to: property loss or damage, broken bones, torn ligaments, concussions, exposure, heat-related illness, mental stress or exhaustion, infection, and concussions. Grievous injuries are rare but can include permanent disabilities, spinal injuries and paralysis, stroke, heart attack, and death. I understand that it is my responsibility to inspect the course, facilities, equipment, and areas to be used and if I believe or become aware that any of these are unsafe or pose unreasonable risks, I agree to immediately notify appropriate personnel. By participating, working for, volunteering, or otherwise being involved in the Event, I acknowledge that I have found the course, facilities, equipment, and areas to be used to be safe and acceptable for participation. I accept full responsibility for the condition and adequacy of my equipment.
2.4 I fully understand the inherent risks involved in the Event and assert that I am willingly participating, volunteering, or otherwise being involved in the Event. I have read the preceding paragraphs and acknowledge that: (a) I know the nature of the Event; (b) I understand the demands of this activity relative to my physical condition; and (c) I appreciate the potential impact of the types of injuries that may result from the Event. I knowingly assume all of the inherent risks of the activity and take full responsibility for any damages, liabilities, losses, or expenses that I may incur as a result of participating, volunteering, or otherwise being involved in the Event. I acknowledge that I am participating, volunteering, or otherwise being involved in the Event entirely at my own risk."
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- Waiver of Liability for Negligence
3.1 I agree that, to the extent permitted by law, USG and the other Released Parties shall not be held liable for negligence in the conduct of the Event. USG and the Released Parties shall also be exempt from any civil or criminal liability or consumer law, or any arbitration order, in the Emirate of Dubai where the Event is held, except in cases where USG or its officers, servants, or agents are proven to have acted with gross negligence.
3.2 I hereby waive, release, covenant not to sue, and discharge USG and the other Released Parties from any claims, actions, arbitration claims, costs, expenses, suits, demands, losses, and other liabilities related to death, physical or mental injury, contraction or aggravation of a disease, or any other harm or disadvantage to me or the community that may result from the inherent risks of the Event or any actions of USG (or other Released Parties) that do not constitute proven gross negligence. This waiver applies to me and, if a minor is participating, also to their parents or guardian.
- Indemnification Agreement
4.1 I agree to hold harmless, defend, and indemnify USG (and the other Released Parties) from any claims, costs, expenses, or judgments arising from a breach of these terms and conditions related to death, physical or mental injury, contraction or aggravation of a disease, or any other harm or disadvantage to me or the community due to my participation, volunteering, or involvement in the Event, including harm or disadvantage caused during training or preparation at the Venue, participating partners, or any third party venue, even if caused by inherent risks of the Event or any act of USG (or other Released Parties), except in cases of proven gross negligence.
4.2 I also agree to hold harmless, defend, and indemnify USG (and the other Released Parties) from any claims made by co-participants, rescuers, or others arising from my conduct during my participation, volunteering, or involvement in the Event, and to pay any court costs, investigation costs, attorney's fees, or other expenses related to a breach of this contract.
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- Other Agreements
5.1 Venue and Jurisdiction: I understand that if legal action is brought, the jurisdiction for trying the matter lies solely and exclusively with the Emirate of Dubai and that only the laws of the Emirate of Dubai shall apply.
5.2 Severability: I understand and agree that these terms and conditions, including those relating to assumption of risk, waiver of liability, and indemnification, are meant to be as comprehensive as is allowed by the Emirate of Dubai. If any provision is found to be unlawful, void, or unenforceable, it will be separated from these terms and conditions and will not impact the validity and enforceability of the remaining provisions. Additionally, these terms and conditions will not be interpreted or applied to exclude, restrict, or modify the application of any law of the Emirate of Dubai in relation to the provision of services under these terms and conditions.
5.3 Integration: I affirm that these terms and conditions supersede any previous oral or written promises or agreements between me and USG or the Released Parties. I acknowledge that this is the complete agreement between me and USG and cannot be altered by any statements or representations from any agent or employee of USG. These terms and conditions can only be amended by a written document executed by all parties.
5.4 Mediation and Arbitration: Without prejudice to the indemnity granted to USG in paragraph 4, in the event of a legal dispute, I agree to make good faith efforts to mediate the dispute. Any agreement reached will be formalized by a written contract. If the issue is not resolved through mediation or remains unresolved after 60 days of USG being notified, I agree that all disputes, controversies, or claims arising from my participation, volunteering, or involvement in the Event will be submitted to binding arbitration in accordance with the rules of the Dubai International Arbitration Centre. The seat of arbitration will be in the Emirate of Dubai, and the language will be English. USG will appoint one arbitrator.
I hereby: (a) confirm that I am in good physical health and condition to safely participate, volunteer, or be involved in the Event, with no cardiovascular disease, condition, pacemaker, or related ailment of any kind. (b) certify that I have no physical or mental conditions that would affect my ability to safely participate, volunteer, or be involved in the Event or create a risk to myself or others. (c) acknowledge that USG recommends getting medical clearance from a personal physician before participating, volunteering, or being involved in the Event. (d) assert that I have not been advised against participating, volunteering, or being involved in the Event by a medical practitioner. (e) understand that it is my responsibility to continuously monitor my physical and mental condition during the Event, and agree to withdraw immediately and notify appropriate personnel if my participation, volunteering, or involvement creates a risk to myself or others. (f) attest that I am covered by medical insurance. (g) authorize appropriate USG personnel and emergency medical personnel at the Event to make emergency medical decisions on my behalf, including but not limited to CPR and other medical aid, services, or procedures. (h) authorize USG to secure emergency medical care or transportation if deemed necessary by USG. (i) agree to assume all costs of emergency medical care and transportation. (j) acknowledge that USG has established rules for the protection of participants, volunteers, and co-participants, and agree to follow these rules throughout the Event. (k) recognize the authority of USG to halt my participation, volunteering, or involvement and have me removed from the premises if my presence endangers myself or others. (l) confirm that I am in good physical health
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- Acknowledgment of Understanding:
I have read and fully understand the terms and conditions, including the assumption of risk, waiver of liability, and indemnification. I understand that I am giving up substantial rights, including the right to sue, and that my acceptance is a complete and unconditional release of all liability except in cases of proven gross negligence. I acknowledge that I am accepting this agreement freely and voluntarily and assume the inherent risks of the activity.
- General Rules:
8.1 Rules: I agree to become familiar with and abide by all written and/or posted rules of USG and the Venue. I will comply with all directions, instructions, and decisions of USG and Venue personnel and will not challenge these rules, directions, instructions, or decisions on any basis at any time.
8.2 Emergency Delay or Cancellation: I acknowledge that USG may delay, modify, or cancel the Event at its sole discretion if conditions or natural or man-made emergencies make administering the Event unreasonably difficult or unsafe. In the event of a delay, modification, or cancellation, I understand that I will not be entitled to a refund of my entry fee or any other costs incurred.
8.3 Govern Participation: I understand that USG has the authority to issue instructions regarding my safe participation, volunteering, or involvement in the course or related activities. They also have the authority to halt my participation at any time for safety or fairness reasons, without giving a reason for the decision.
8.4 Removal from Course: I understand that USG and Venue personnel may immediately remove anyone who disobeys rules, directions, instructions, decisions, or laws or whose behaviour endangers safety or negatively affects people, facilities, or property.
8.5 Attitude and Behaviour: I agree to exhibit appropriate behaviour at all times, demonstrate respect for all people, equipment, culture, and facilities, and participate with a cooperative and positive attitude.
8.6 Alcohol & Drugs: I certify that I am not and will not be under the influence of alcohol or drugs that would impair my ability to participate in the Event safely. I take full responsibility for any alcohol or drug consumption following the Event and will indemnify USG for any harm or injury caused to any third party.
8.7 Specific Rules: I acknowledge and agree to abide by the following rules: (a) no urination or defecation is allowed outside designated areas; (b) no wheeled conveyances or pets are allowed in the Course; (c) no clothing, props, or equipment that pose a risk are permitted; (d) no smoking or tobacco use is permitted at the Venue, except in designated smoking areas; (e) I will obey all laws, policies, procedures, and Event rules and regulations.
8.8 Photography: I understand that any photographs, motion pictures, recordings, or likenesses of me captured during the Event by USG, its affiliates, contractors, or media become the sole property of USG. I grant the right and permission to USG and its designees to use my name and any such materials for promoting, advertising, and marketing activities and allow them to sell and profit from the commercial use of these materials.
8.9 Majority Age: I confirm that I have reached majority age, which is 18.
8.10 Minors: If the participant, volunteer, or any other person registering for the Event is a minor below the age of 18, the minor can participate or be involved but cannot contract with USG. The parent or guardian must consent to the participation, volunteering, or involvement of the minor and agree to these terms and conditions on their behalf.
9.1 All fees and associated costs (including optional product purchases, spectator tickets, donations, flights, accommodations, and any other expenses) paid at any stage during registration, preparation, or participation in the Event are non-refundable under any circumstances, including but not limited to injury, halting participation, eviction from the Event, a scheduling conflict, and/or event cancellation.
9.2 Registrations can be transferred from one team member to another person through the registration platform before the specified cutoff date. After this date, requests can be made with GG, but there is no guarantee they will be granted.
I confirm by registering for the Event, I agree and accept these terms and conditions and irrevocably agree to be fully bound by them. If I have registered for the Event on behalf of another person, I confirm that such person has read and accepted these terms and conditions and has irrevocably agreed to be fully bound by them prior to registration.