WAIVER AND RELEASE OF LIABILITY
Please read the following agreement carefully, as it affects your future legal rights.
By proceeding with registering for the event, you acknowledge and agree that you have carefully read and fully understood the agreement and agree to, and certify, the terms set forth below.
In consideration of being allowed to participate in the JP OPEN 2024 (the “Event”), any events or activities related thereto (individually an “Event Activity” and collectively, “Event Activities”), on behalf of myself and my personal representatives, assigns, heirs, executors, successors and next of kin, I understand, agree, warrant and covenant as follows:
Authority to Register and/or to Act as Agent. I represent and warrant to Just Padel that I have full legal authority to complete the registration for the Event, including this Waiver and Release of Liability (the “Waiver”), on behalf of myself and/or any party for whom I am registering (the “Registered Parties”), including full authority to make use of the credit or debit card to which registration fees will be charged. As used in this Waiver, Just Padel refers to Just Padel Pro Sports Academy and any and all subsidiaries, affiliated entities, or entities that control or are controlled by Just Padel, singly or together, including each of their officers, employees, contractors, subcontractors, including Action Consultants, and agents and each of their agents, representatives, successors and assigns (collectively, the “Just Padel Parties”).
Minors. All children under 12 years of age must be accompanied by an adult at all times. I undertake at all times to accompany and be solely responsible for any child under 12 years of age attending any Event Activities with me. I agree that any failure to comply with this undertaking may result in my removal from any Event Activities. I represent and warrant that I am the parent or legal guardian of the child accompanying me and that I have the legal authority to enter into this Waiver on their behalf. By agreeing to this Waiver, I agree that the terms of this Waiver shall apply equally to any child under 12 years of age attending any Event Activities with me.
Risks. Risks of Event Activities include, but are not limited to, injury to the head, neck or spine; injury to muscles, bones, ligaments, tendons and other connective tissues; injury to internal and external organs, loss of or damage to sight, hearing, or teeth; long or short term disability; loss of income, career opportunities or the enjoyment of life and; pain, and scarring or disfigurement. The causes of possible injury are many, including, but not limited to, injury from bodily contact, incidental or inherent in the nature of the activity; slipping and falling or tripping on surfaces, regardless of physical or environmental conditions; injury from warming up, practicing or training for participation; injury due to supervision or lack of supervision by the Just Padel Parties’ employees or agents, including officials, or to rules or regulations and instructions (or lack thereof) regarding the use of equipment or tools or to the nature of the activity itself; or injury due to a disparity among other participants or teams with respect to experience level, strength, height, weight, age, ability, and the relative competitiveness or maturity of, between or among other participants and; malicious acts of other participants, regardless of whether Just Padel had or should have had knowledge of the likelihood of malicious acts by such participant. The risk of injury from many of the activities is significant, including the potential for permanent paralysis and death, and while particular skills, rules, equipment, and personal discipline may reduce this risk, the risk of serious injury cannot be eliminated.
Assumption of Risk. In consideration of the acceptance of my registration and participation in the event, I assume full and complete risk and responsibility for any injury or accident which may occur during the event, while I am on the premises of the event, or while I am traveling to or from the event. I understand that participating in the event is hazardous, and that I should not enter and participate unless I am medically able and properly trained. I acknowledge and agree that the event may be held over public roads and facilities open to the public during the event and upon which hazards are to be expected. I also acknowledge and agree that participation in the event carries with it certain inherent risks and dangers that cannot be eliminated completely ranging from risk of minor injuries to catastrophic injuries including permanent disability and death. I am aware of and assume all risks associated with participating in the event, including without limitation risks of permanent injury or death due to falls, obstacles, contact with other participants, acts or omissions of other participants, effect of weather, traffic and conditions of any road.
Representations and Warranties. I represent and warrant I am in good physical condition and able to safely participate in any Event Activity in which I participate. I willingly agree to comply with the stated and customary terms and conditions for participation. If I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately. I will not exceed my physical abilities during any Event Activity. I acknowledge that the Just Padel Parties have made no recommendations or determinations as to my fitness or ability to participate in any Event Activity. I represent and warrant that I shall periodically and as needed consult with my physician, and shall not engage in any activity that is more rigorous than that recommended by such physician. I consent to medical care and transportation in order to obtain treatment in the event of injury to me and understand that this Waiver extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury. I further agree that I will not use any equipment unless and until I have thoroughly familiarized myself with the correct use and operation thereof. I further agree that I shall not participate in any activity if I am ill, in poor health, or have any condition which might make my participation in the activity dangerous to me or if I have reason to believe I am injured or may become injured. I agree to observe and obey all posted rules and warnings, to follow any instructions or directions provided to me by Just Padel and to abide by any decision of any Event official relative to my ability to safely participate in or attend the Event. I shall exhibit appropriate behaviour at all times while at the Event, comply and obey all local, state and federal civil and criminal laws while participating in or attending the Event, including respecting other people, facilities, equipment and property. I agree that Event officials may dismiss me, without refund, should my behaviour endanger the safety of or negatively affect the Event. I understand and agree that Just Padel is not responsible for any personal item or property that is lost, damaged or stolen at the Event. I understand and agree that all Event registrations are non-transferable and that all Event registration fees are non-refundable.
Event Participation. Just Padel reserves the right to remove any Participant from the Event, either during or before it, due to ill health, or any other reason (at the Organiser’s discretion) that may render him/her unfit to safely complete the Event. The Participant confirms that he/she will not take part in the Event if he/she is suffering from any injury or illness, which may impair his/her, performance and confirms that he/she will report any illness during the Event to the Event medical team immediately.
Please note that coaches, top 25 national ranked players, and advance players will not be permitted to compete in the Intermediate Category. We request these players to participate in the Advance category instead.
Event Entry. The Participant agrees to abide by all Event rules, regulations and instructions issued by or on behalf of the Just Padel and all applicable rules and regulations of the relevant sporting governing bodies that oversee the running of the Event including the relevant Doping rules. Just Padel is entitled to impose Event rules upon the Participant from time to time which will form part of these terms and conditions and all decisions and rulings by or on behalf of the Just Padel shall be considered final. The Participant will comply with all instructions and guidelines given and all Event staff, stewards, marshals and medical/safety personnel. The Participant understands that he/she will not be entitled to a refund of the fees if he/she is disqualified from the Event as a result of an infringement of these rules, regulations or instructions.
Payment. The payment of the applicable fee(s) for the Event is due upon registration. If such payment is insufficient or declined for any reason, Just Padel may refuse to admit you to the Event and shall have no liability in that regard.
Release from liability. I, for myself and on behalf of my heirs, assigns, spouse, beneficiaries, agents, guardians, and legal representatives, hereby release, waive, relinquish, discharge and covenant not to sue, the Just Padel Parties, and each of their officers, directors, employees, shareholders, members, volunteers, agents, assigns, contractors, representatives, predecessors, successors, licensors, licensees, parents, affiliates (defined below) and subsidiaries (“releases”), for all liabilities, claims, actions, or damages that I may have against them arising out of or in any way connected with my registration and/or participation in the event, including without limitation, any liabilities, claims, actions, or damages caused by negligence of the above parties (including any negligent rescue attempt), the action or inaction of any of the above parties, or otherwise. For purposes of this waiver, the term “affiliates” shall include sponsors, co-sponsors, sanctioning bodies, landowners, vehicle owners, lessors and lessees of any entity or person that provided property (tangible or intangible) or real estate for the event and event activities.
The Just Padel Parties and their respective releases (defined above) shall not be liable to me for any direct, indirect, incidental, special, consequential or exemplary damages, and I waive any of the foregoing including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from:
(a) The use or the inability to use the event sites
(b) Personal injury not caused by the ER parties’ gross negligence
(c) Unauthorized access to or alteration of my transmissions or data
(d) Statements or conduct of any third party on the event sites
(e) Any other matter relating to the event sites, or event products or services
(f) My participation in the event. I agree that the Just Padel Parties maximum liability to me, for any reason or cause whatsoever, shall not exceed the total amount of money received by Just Padel from me.
Indemnity. I further agree to indemnify, defend, save, and hold harmless the Releases from and against any and all claims, demands, liabilities, damages, actions, causes of action, losses, injuries, costs, or expenses, including attorneys’ fees, arising out of or in any manner connected with my participation in the event and any event activity, except to the extent caused solely by the wilful misconduct of the Releases. I acknowledge that the agreements made herein were and will continue to be a material and important consideration and inducement to the Just Padel Parties admittance of me to the event and any event activity.
Use of Likeness. In consideration for attendance and/or entry, which the parties agree is adequate consideration, I hereby grant the Just Padel Parties permission to record my voice and photograph and record me in conjunction with the Event. I further grant the Just Padel Parties full unrestricted rights to the use of my photograph, voice, video recording and likeness in any form, including edited versions, in or over any medium including without limitation streaming audio and/or video over the internet, broadcast, cable, satellite transmissions, and media that are unknown at this time, worldwide for any purpose including without limitation any commercial purpose.
Use of Data. I hereby grant the Just Padel Parties permission to store and use my personal information (including any medical data collected for health and safety purposes) (“Personal Information”) in connection with the organisation, staging and administration of the Event (including via third parties engaged by the Just Padel Parties and to allow medical assistance to be given to me). I agree that my Personal Information may be anonymised and the anonymised data may be used by the Just Padel Parties in connection with the compilation of statistical information. I further agree that my name, image and contact details can be used by the Just Padel Parties and their event partners for the purposes of:
- The promotion and marketing of the Event
- The provision of information about any future events and services which might be of interested to me (such as leisure activities relating to either similar types of events or activities)
- Promotional and marketing material in respect of similar events, other community based activities organised by the Just Padel Parties or their event partners, (together the “Marketing Information”). I understand that I may withdraw my consent to such use of my Personal Information or the Personal Information (other than for purposes related to my participation in the Event) by emailing Just Padel at any time.
By submitting a third party’s contact details during the registration process, I hereby grant Just Padel Parties permission to store and use such personal information and, unless used otherwise in accordance with this Agreement and Waiver, I assume full responsibility for such use. I further agree that the contact details can be used by the Just Padel Parties and their Event partners for the purposes of:
- The promotion and marketing of the Event
- The provision of information about any future events and services which might be of interested to the third party (such as leisure activities relating to either similar types of events or activities)
- Promotional and marketing material in respect of similar events, other community based activities organised by the Just Padel Parties or their Event partners, (together the “Marketing Information”). I understand that the third party may withdraw their consent to such use of their contact details by emailing Just Padel at any time.
Force Majeure. I understand and agree that Just Padel reserves the right to cancel the Event in the event of weather (including, but not limited to, heat, tornadoes, earthquakes, fires, storms, lightning and floods), accidents, acts of war or terrorism, military conflicts or riots or for any reason that would affect the safety and security of Event participants and spectators. In the event of such cancellation, there will be no refund of my payment unless authorized by Just Padel.
Applicable Law; Consent to Jurisdiction. I agree that the statutes and laws of the Emirate of Dubai and the applicable federal laws of the United Arab Emirates, without regard to the conflict of laws principles thereof, will apply to all matters relating to this Agreement and Waiver. I irrevocably consent that exclusive jurisdiction for any dispute with the Just Padel Parties relating to this Waiver resides in the courts of Dubai, and I further agree and expressly consent to the exercise of personal jurisdiction in the courts of Dubai in connection with any such dispute including any claim involving the Just Padel Parties.
Severability. I expressly agree that this Waiver is intended to be as broad and inclusive as is permitted by applicable law, and if any provision of this Waiver is held to be unenforceable by a court of competent jurisdiction for any reason whatsoever.
(a) The validity, legality, and enforceability of the remaining provisions of this Waiver (including without limitation, all portions of any provisions containing any such unenforceable provision that are not themselves unenforceable) shall not in any way be affected or impaired thereby
(b) To the fullest extent possible, the unenforceable provision shall be deemed modified and replaced by a provision that approximates the intent and economic effect of the unenforceable provision and the Waiver shall be deemed amended accordingly.
Knowing Voluntary Execution. I have read this assumption of risk, waiver and release of liability and indemnification agreement, fully understand its terms, understand that I have given up substantial rights by signing it, including the right to sue, and sign it freely and voluntarily and intend to completely and unconditionally release Just Padel Parties from all liability in connection with my participation in or attendance of any event activity.