LEGAL DISCLAIMER, ASSUMPTION OF RISK AND WAIVER
This Legal Disclaimer will apply when You participate in a Sporting Event or activity hosted by Us. Please read the following disclaimer very carefully.
You are required to sign a copy of the same and return it to Us before the Sporting Event. Please ensure You have read and understood this Legal Disclaimer in full before signing. If You have any questions about this Legal Disclaimer, please contact a member of our staff before You sign it. This document affects Your legal rights and You should only sign it if You understand and agree to its terms.
1. DEFINITIONS AND INTERPRETATION
1.1. Legal Disclaimer
The "Legal Disclaimer" means the entirety of this document, including any schedules and annexes to it.
1.2. The First Party (We, Our, Us)
We are the First Party to this Legal Disclaimer. Reference to 'We', 'Our' and 'Us' shall mean ________ of ________ (company/registration number ________).
We will be hosting and organising the Sporting Event.
1.3. The Second Party (You, Your)
You are the Second Party to this Legal Disclaimer. Reference to 'You' or 'Your' shall mean any adult service user who participates in the Sporting Event and who signs this Legal Disclaimer, being ________ of ________.
1.4. The Sporting Event
The "Sporting Event" shall mean the event taking place on ________ (date) at ________ (venue) which will involve the following activity: ________.
1.5. Headings are for convenience only and shall not affect the interpretation of this Legal Disclaimer. Words importing the singular include the plural and vice versa.
2. INTRODUCTION
2.1. This Legal Disclaimer will apply for and in consideration of You being permitted to participate in the Sporting Event.
2.2. By signing this Legal Disclaimer, You acknowledge that You have read and understood its terms and agree to be bound by them.
3. YOUR RESPONSIBILITIES
When participating in the Sporting Event, You agree:
3.1. that You will follow all instructions and abide by all rules provided by Us in connection with the Sporting Event (whether verbal or written);
3.2. to abide by and take reasonable note of all warnings, notices and signage provided or displayed by Us in connection with the Sporting Event;
3.3. that You shall be responsible for any personal equipment or property which You may have brought to use during the Sporting Event;
3.4. that the use of any equipment or property provided by Us is at Your own risk;
3.5. that You shall use any equipment safely, appropriately and in accordance with all relevant instructions;
3.6. that You shall participate in a manner which does not endanger the safety of others;
3.7. that You understand there are inherent risks of physical injury in participating in the Sporting Event (see Clause 6 (Fitness to Participate) below);
3.8. that You are in good general health and are fit to participate in the Sporting Event (see Clause 6 (Fitness to Participate) below).
4. OUR LIABILITY
4.1. You will be participating in the Sporting Event and using any equipment at Your own risk. We shall not be liable to You for any personal damage, loss, injury or harm arising out of or in connection with Your participation in the Sporting Event, save to the extent that such damage, loss, injury or harm is caused by Our negligence or breach of any other legal duty owed to You.
4.2. We shall not be liable or responsible for any damage to, or loss of, Your personal property, possessions or equipment at the Sporting Event, save to the extent caused by Our negligence.
4.3. Nothing in this Legal Disclaimer shall operate to exclude or limit Our liability for: (a) death or personal injury caused by Our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability which cannot lawfully be excluded or restricted, including by virtue of the Unfair Contract Terms Act 1977 and the Consumer Rights Act 2015.
4.4. Subject to Clause 4.3, this Legal Disclaimer does not seek to exclude or restrict liability in any manner that would not be fair and reasonable, and any term that purports to do so shall be read down accordingly.
5. AGE REQUIREMENTS
5.1. Our Sporting Events are suitable for adults. In signing this Legal Disclaimer and participating in the Sporting Event, You warrant to Us that You are 18 years of age or over on the date of the Sporting Event.
6. FITNESS TO PARTICIPATE
6.1. The Sporting Event is a physical activity and there are inherent risks involved. We cannot completely remove or mitigate some risks. You should be aware of the following particular risks:
________
6.2. We are not medically qualified to assess Your fitness to participate in the Sporting Event. It is Your responsibility to make this judgement and to seek medical advice where appropriate. You should not participate in the Sporting Event if You are not fit and well enough to do so.
6.3. We provide a non-exhaustive list to explain when it would be inappropriate to participate in the Sporting Event. You should not participate if You:
6.3.a. are pregnant;
6.3.b. have recently undergone surgery;
6.3.c. are taking any form of medication which may impact Your ability to participate.
6.4. If You have any doubts about Your fitness or ability to participate safely in the Sporting Event, or if You suffer from any medical condition, injury or illness which may be affected by participation, You should seek the advice of a qualified medical professional before signing this Legal Disclaimer. By signing this Legal Disclaimer and participating in the Sporting Event, You confirm that You are fit and well enough to participate and that You are not aware of any medical reason why You should not do so.
7. RECORDING THE EVENT AND DATA PROTECTION
7.1. We may capture images and film footage of You participating in the Sporting Event.
7.2. We may share any such images and footage:
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7.3. By signing this Legal Disclaimer and by participating in the Sporting Event, You consent to Us (and any third party instructed by Us) recording You at the Sporting Event and sharing this via the above mediums. You may withdraw this consent at any time by contacting Us in writing, although withdrawal will not affect the lawfulness of any processing carried out before withdrawal.
7.4. We will at all times process Your personal data in accordance with the UK General Data Protection Regulation, the Data Protection Act 2018 and Our privacy notice, a copy of which is available on request from ________.
8. GENERAL
8.1. This Legal Disclaimer shall be governed by and construed in accordance with the laws of England and Wales, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
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8.3. No failure or delay by Us in exercising any right or remedy under this Legal Disclaimer shall operate as a waiver of that or any other right or remedy.
8.4. A person who is not a party to this Legal Disclaimer shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
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9. DECLARATION AND SIGNATURE
I confirm that I have read, understood and agree to be bound by the terms of this Legal Disclaimer, that I am 18 years of age or over, and that I am fit and well enough to participate in the Sporting Event.
SIGNED
________
PRINT NAME
________
DATE
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