FORM FOR WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY UNDERTAKING
In consideration of the services as provided/facilitated by Mughamer UAE, their agents, vendors, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter referred as the "Releasees", I hereby agree to release, indemnify, and discharge Releasees, on behalf of myself, my spouse, my children, my parents, my heirs, assigns and personal representatives and hereby agree to and make the following contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk, and Indemnity Undertaking (the “Undertaking”):
I hereby represent that (i) I am in good health and in proper physical condition to participate in the Activities; and (ii) I am not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely participate in the Activities. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Activities.
I acknowledge that my participation in the Activities may entail known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. Furthermore, I acknowledge that the Releasees’ personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
I agree to be familiar with and to abide by all rules and regulations established for the Activities in which I participate.
I expressly agree and promise to accept and assume all of the risks existing in this Activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
I hereby release, waiver, and covenant not to sue, and further agree to indemnify, defend and hold harmless the Releasees, together with the organizers, promoters, sponsors, advertisers, hosts, venue and property owners upon which the Activities take place, law enforcement agencies and other public entities providing support for the Activities, and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees and volunteers, with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense, including court costs and reasonable attorney’s fees of any kind or nature (“Liability”) which may arise out of, result from, or relate to my participation in the Activities, including claims for Liability caused in whole or in part by the negligence of the Releasees. I further agree that if, despite this Undertaking, I, or anyone on my behalf, make a claim for Liability against any of the Releasees, I shall indemnify, defend, and hold harmless each of the Releasees from any such Liability which any may be incurred as a result of such a claim.
I hereby warrant that I have read this Undertaking carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by signing it (including the rights of the minor, my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that I have signed this Undertaking freely and voluntarily, without any inducement, assurance or guarantee, and intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Undertaking. This Undertaking represents the complete understanding between the parties regarding these issues and no oral representation, statements, or inducements have been made apart from this Undertaking. If any provision of this Undertaking is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Undertaking and shall not affect the validity and enforceability of any remaining provisions.
Parental/Guardian Consent (required if the Participant is less than 18 years of age): As the parent or legal guardian to the minor identified above, I hereby accept and agree to all of the terms and conditions of this Undertaking on behalf of the minor in connection with the minor’s participation in the Activities. If, despite this Undertaking, I, or anyone on the minor’s behalf, makes a claim for Liability against any of the Releasees, I will indemnify, defend and hold harmless each of the Releasees from any such Liability which any may be incurred as the result of such claim.