Waiver Agreement
By registration to (“Nilgiris Ultra 2017”), organized by Globeracers, an ultra marathon event being held in Nilgiris Ultra region in December 2017, hereinafter referred to as (the “Event”) and signing this Waiver Agreement, you understand, indicate your acceptance, agree, warrant and covenant as follows:
1. WAIVER OF LIABILITY
(i) I understand that participating in the Event is potentially hazardous and prone to injuries and even death, and that I should not register and participate unless I am medically able and properly trained. In connection with Nilgiris Ultra (referred event) the risk is obviously greater due to the tough terrain and format of the ultra marathon like this Event. Hence, as recommended and myself already having the knowledge of such probable situations and conditions, have gone through a medical check-up prior to registration/participation in this Event and running the ultra marathon. This is also for the reason that I having the knowledge of such situations and conditions, am participating in this Event solely at my own risk and absolve and exclude the Event organizers, sponsors from all and any kind of liability. In consideration of the acceptance of this entry, I assume full and complete responsibility for any injury or accident, which may occur while I am traveling to or from the Event, during the Event, or while I am on the premises of the Event. I also am aware of and assume all risks associated with participating in this Event, including but not limited to falls, contact with other participants, effect of weather, traffic and conditions of the terrain. I, for myself and my heirs and executors, hereby waive, release and forever discharge the Event organizers, sponsors, promoters and each of their agents, representatives, successors and assigns, and all other persons associated with the Event, for all of my liabilities, claims, actions, or damages that I may have against them arising out of or in any way connected with my participation in this Event.
(ii) I understand that this waiver includes any claims, whether caused by negligence, the action or inaction of any of the above parties, or otherwise.
(iii) I understand that the entry fee is non-refundable and non-transferable. I hereby grant full permission to any and all of the above parties to use any photographs, videotapes, motion pictures, website images, recordings or any other record of this Event.
(iv) Authority to Register and/or to Act as Agent:
You represent and warrant to the Event organizers, sponsors, promoters and each of their agents, representatives, successors and assigns, and all other persons associated with the Event that you have full legal authority to complete this Event registration on behalf of yourself and/or any party you are 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 Agreement and Waiver, Nilgiris Ultra refers to, sponsors and promoters and any and all subsidiaries, affiliated entities, or entities that control or are controlled by those, singly or together and its
officers, employees, contractors, subcontractors and agents and each of their representatives, successors and assigns, and all other persons associated with the Event.
(v) If you are registering a child under the age of 18 or an incapacitated adult you represent and warrant that you are the parent or legal guardian of that party and have the legal authority to enter into this agreement on their behalf and by proceeding with this Event registration, you agree that the terms of this Agreement and Waiver shall apply equally to all Registered Parties. By registering a child under 13, you agree and consent to the collection of that child's information, which you provide for the purposes of registration.
(vi) Further Waivers:
In addition to sub-clause (i) above, you understand that participation in the event is potentially hazardous, and that a registered party should not participate unless they are medically able and properly trained. (repeat of clause (i) ) You understand that events may be held over unexpected geographical terrain, public roads and facilities open to the public during the event and upon which hazards are to be expected. Participation carries with it certain inherent risks due to the format of the ultra marathon that cannot be eliminated completely ranging from minor injuries to catastrophic injuries including death. You understand and agree that in consideration of being permitted to participate in the event, you and any registered party, the heirs, personal representatives or assigns of you or the registered party do hereby release, waive, discharge and covenant not to sue the Event organizers, sponsors, promoters and each of their agents, representatives, successors and assigns, and all other persons associated with the Event for any and all liability/s from any and all claim/s arising from participation in the event by you or any registered party.
(vii) Limitation of Liability; Disclaimer of Warranties:
Nilgiris Ultra (Event) or its Event organizers, sponsors, promoters and each of their agents, representatives, successors and assigns, and all other persons associated with the Event shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from (a) participating or inability to participate in Nilgiris Ultra (Event) or (b) for the cost of procurement of substitute goods and services or (c) resulting from any goods or services purchased or obtained or transactions entered into through Nilgiris Ultra or (d) resulting from unauthorized access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if Nilgiris Ultra has been advised of the possibility of such damages. You expressly agree that participation in Nilgiris Ultra is at your sole risk. Nilgiris Ultra expressly disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.
2. PARTICIPATION AT YOUR OWN RISK
(i) By signing this document you accept that your participation in the marathon is your own responsibility and your risk in any respect. You accept that neither you nor your heirs, personal
(ii) Representatives or assigns of you or the registered party shall claim any kind of damages, indemnification or any other compensation for injury, damage to property or any other loss, including any kind of indirect loss in connection with your participation in the ultra marathon. Nilgiris Ultra cannot be made liable for any injury to independently participating third parties or actions of the local authorities prior to, during or after the marathon. If you are injured in any way due to your participation in Nilgiris Ultra Ultra, it is suggested that you will be unable to go through with your stay at the Event as planned and you are also prevented from claiming damages, indemnification or any other kind of compensation.
(ii) Indemnification:
You agree to indemnify and hold each of Nilgiris Ultra and its Event organizers and sponsors harmless from and against any and all damages, costs, claims or demands, including reasonable attorneys' fees, made by any third party due to or arising from or relating to your participation in Nilgiris Ultra Ultra.
3. APPLICABLE LAW; CONSENT TO JURISDICTION
By completing this Event registration, both you and Nilgiris Ultra agree that the statutes and laws of India, without regard to the conflict of laws principles thereof, will apply to all matters relating to this Event registration, this Agreement and Waiver, the Terms of Use. You agree that exclusive jurisdiction for any dispute with respect to Nilgiris Ultra resides in the courts of Ootacamund, India and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Ootacamund in connection with any dispute including any claim involving Nilgiris Ultra or its affiliates, subsidiaries, employees, contractors, officers, directors.
4. SEVERABILITY
(i) You further expressly agree that this Agreement and Waiver is intended to be as broad and inclusive as is permitted by the law of India and that if any provision of this Agreement and Waiver shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and Waiver and shall not affect the validity and enforceability of any remaining provisions.
(ii) By indicating your acceptance of this Agreement and Waiver, you are affirming that you have read and understand this Agreement and Waiver and fully understand its terms. You understand that you are giving up substantial rights, including the right to sue. You acknowledge that you are signing the Agreement and Waiver freely and voluntarily, and intend by your acceptance to be a complete and unconditional release of all liability to the greatest extent allowed by law.
5. FORCE MAJEURE
Provided for the political situation, weather or like conditions out of the Event, inhibits the planned completion of the Event, the following will happen:
i) In case the incident occurs before departure to place of Event, the trip will be cancelled and without the payment being refunded.
ii) In case the incident occurs after departure to the place of Event, there will again be no refund of payment but as many elements of the itinerary will be carried through as planned, with changes in details of the program if necessary.
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