I agree that I am and/or my child/ward is voluntarily participating in one or more of the following activities; canopy tours, rappelling activities, hiking tours, zip lining, suspension bridge crossings, ropes courses, observation towers, rock climbing, mountain biking, downhill mountain karting/boarding, water jump park, archery, axe throwing, human slingshot, climbing wall, airbag jumping, free-fall jumping and other activities operated by Hatta Outdoor Recreational Playground (“Operator”) available at and/or provided by Hatta Wadi Hub (the “Park”) which is owned by Meraas Leisure and Entertainment LLC and/or one of its affiliates (“Owner”) (collectively, the “Activities”). The Owner and the Operator are collectively referred to as the “Provider” hereinafter.
I certify that I am fully aware of my own and/or my child’s/ward’s physical limitations and have not been advised by a qualified medical professional not to participate in the Activities and/or activities of a similar nature. I warrant that I and/or my child/ward do not suffer from any medical condition(s) or health-related problem(s) that preclude participation in the Activities or which may result in me and/or my child/ward potentially being in a position of risk.
I agree not to and to procure that my child/ward does not, manipulate or interfere in any way with the infrastructure or equipment used in the Activities including, but not limited to, belts, harnesses, buckles, lines, ropes, cables or poles, and I shall obey the instructions and safety warnings issued by the Provider’s personnel.
ASSUMPTION OF RISK: I understand, acknowledge and agree on behalf of myself and/or my child/ward that;
- I have chosen to participate in the Activities freely and voluntarily at my sole discretion and that by participating in the Activities I assume all of the risks, including but not limited to, any risks that may arise from negligence or carelessness on the part of the Provider (or otherwise), from dangerous or defective equipment whether owned, maintained, or controlled by the Provider;
- there are associated risks with participating in the Activities, including but not limited to, damage to property and loss, injury, illness or death to participants (including myself and/or my child/ward);
- the Activities require my and my child’s/ward’s compliance with the following; (i) be in good mental and emotional health and good physical condition; (ii) not be under the influence of alcohol, drugs, medicines or substances which may impair my or my child’s/ward’s motor and visual skills, or cause any other impairment; (iii) not suffer from any mental, emotional or physical condition, incapacity or limitation including, without limitation, heart, back, respiratory, circulatory or neurological conditions or illnesses, dizziness, acrophobia, claustrophobia, vertigo, hypertension, diabetes, hypoglycemia or any similar condition; and (iv) not be pregnant;
- the Provider will not make an evaluation or recommendation as to my or my child’s/ward’s physical limitations, and that I will not construe any statement or action by the Provider as an evaluation of, or a recommendation as to, my and/or my child’s/ward’s physical limitations, with respect to whether I and/or my child/ward are physically fit to participate in the Activities;
- I irrevocably authorize that efforts be made to secure medical treatment for me and/or my child/ward and consent to all medical treatments and invasive procedures necessary or convenient in order to cure, stabilize or protect my or my child’s/ward’s life and wellbeing. I personally guarantee the payment of any cost or expense related to my medical treatment and/or the medical treatment of any person injured as a result of my or my child’s/ward’s participation in the Activities; and
- it is my responsibility to immediately advise a lifeguard, paramedic or a member of staff or Provider of any condition that may occur to me and/or my child and that I and/or my child will immediately cease further participation in the Activities.
RELEASE OF LIABILITY: I agree on behalf of myself and/or my child/ward and my/their representatives, successors, heirs and assigns as follows;
- unconditionally to assume the risk of participating in the Activities and agree to accept all responsibility for any or all damage, loss, disability, injury, illness or death, arising from, participating in the Activities, no matter what the circumstances of the accident and/or injury;
- to the full extent permitted by law, waive, release, and forever discharge the Owner and the Operator, their respective affiliates and group companies, each of their instructors, officers, agents, directors, employees, members and representatives (collectively, “Indemnified Parties”) from any and all liabilities, claims, demands or causes of action whatsoever, arising out of any and all damage, loss, disability, injury and/or death to me and/or my child/ward, while participating in the Activities, whether caused by the negligence or fault of the Provider (or otherwise);
- to the full extent permitted by law, to hold harmless and indemnify the Indemnified Parties from and against, any and all liabilities, damages, claims, expenses, costs (including without limitation reasonable attorney’s fees and costs) and/or causes of action arising from or which may occur to me and/or my child/ward as a direct or indirect result of, or in connection with, participating in the Activities, whether caused by the negligence or otherwise; and
- the Indemnified Parties are not responsible for the errors, omissions, acts, or failure to act of any third party or entity which built the Park or provided equipment for use in the Activities.
The accident waiver and release of liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. AUTHORISATION FOR USE OF IMAGE, VOICE, PERFORMANCE AND/OR LIKENESS: I acknowledge and agree that I and/or my child/ward may be photographed and/or filmed (collectively, “Content”) in connection with the promotion, marketing, advertising, publicizing of the Park and/or the Activities or for any other commercial or lawful purpose (together the “Permitted Purpose”). I consent to, and authorize the Owner and its subsidiaries, group companies and affiliates (“Released Parties”), to use my likeness, name, Content, image, voice, quotes, appearance or performance (collectively referred to herein as my “Likeness”) for the Permitted Purpose for an unlimited duration, without any compensation to me of any kind. I understand and agree that these materials will become the property of the Released Parties and will not be returned. I further acknowledge and agree that full title to the intellectual property rights, including without limitation copyright, in the Content will vest in the Released Parties upon creation. I hereby irrevocably authorise the Released Parties to edit, alter, copy, exhibit, publish, or broadcast my Likeness at any time by means of any media, including print, video presentations, television, radio and satellite transmissions or rebroadcasts, news bulletins, mailers, billboards or signs, brochures, website placements, podcasts or other digital delivery or publications. I acknowledge that the Released Parties shall have full editorial control over the use of the Content and the Released Parties may edit the Content in any way, in their absolute discretion and may license others to use it for the Permitted Purpose. In addition, I waive any right of privacy associated with the Likeness as well as the right to inspect or approve the finished product, including written or electronic copy, wherein my Likeness appears. Additionally, I waive my moral rights in the Content and any right to royalties or other compensation arising or related to the use of my Likeness. I consent to the Released Parties doing, or omitting to do, anything that would otherwise be an infringement of my moral rights. I hereby hold harmless and release and forever discharge the Released Parties, their officers and employees from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this consent and release.
LAWS: I agree and accept that this document, and any claim, suit, litigation or legal proceeding related to the same shall be subject to and interpreted exclusively in accordance with the laws of the United Arab Emirates as applicable in the emirate of Dubai, and that any such proceeding shall be carried out exclusively in the state courts of the emirate of Dubai. If any part of this agreement is held void, illegal or is declared without legal effect by a court of law, the enforceability, legality and applicability of the remaining provisions set forth herein shall not be in any way affected or limited.
WITH MY SIGNATURE, I CERTIFY THAT I HAVE READ AND UNDERSTOOD THIS DOCUMENT IN ITS ENTIRETY. I AM AWARE OF THE RISKS I AM ASSUMING AND OF THE RIGHTS I AM WAIVING ON BOTH MY BEHALF AND/OR MY CHILD/WARD, AND I VOLUNTARILY ACCEPT THIS AGREEMENT IN ITS ENTIRETY, WITHOUT OBJECTION OR ANY LIMITATION WHATSOEVER.
Signature of Participant: ………………………………… Date: …………………………………
IF PARTICIPANT IS UNDER 21: I CERTIFY THAT I AM THE PARENT/GUARDIAN OF THE PARTICIPANT AND I HAVE READ THIS WAIVER, RELEASE AND INDEMNITY, FULLY UNDERSTAND ITS CONTENTS, HAVE BEEN GIVEN THE OPPORTUNITY TO ASK QUESTONS, CONSIDERED ITS EFFECT AND AGREE TO THESE TERMS ON BEHALF OF MY CHILD/WARD.
Signature of Parent/Legal Guardian: ………………………………… Date: …………………………………
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