Terms & Conditions * WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF RISK
AND IMAGE USE AUTHORISATION
1. Participation in Activities
I confirm that I am voluntarily participating, or permitting my child/ward (under 18) to participate, in one or more recreational, sporting, adventure or leisure activities operated by Hatta Outdoor Recreational Playground LLC (the “Operator”) at Hatta Wadi Hub (the “Park”), which is owned by Dubai Holding and/or one or more of its affiliates (the “Owner”).
Such activities include, without limitation: hiking tours, sports events, leisure events, zip lining, high ropes courses, net walkways, wall climbing, archery, axe throwing, spear throwing, air rifle shooting, drop-in slides, swimming, bungee trampolines, mountain carts, big plunge, small plunge, padel tennis, human slingshot, mountain biking, airbag jumping, giant swing, and any other activities made available at the Park (collectively, the “Activities”).
The Activities may be purchased individually, as part of bundled packages (including Stay & Play packages), through corporate or team-building programmes, or via third-party ticket sellers. This waiver applies to all such purchases.
The Owner and the Operator are referred to collectively as the “Provider.”
2. Health and Fitness Declaration
I represent and warrant that:
• I am aware of my own, and/or my child’s/ward’s, physical, mental, and medical limitations;
• Neither I nor my child/ward has been advised by a qualified medical professional not to participate in the Activities or similar activities;
• Neither I nor my child/ward suffers from any medical condition, illness, impairment, or health-related issue that would prevent safe participation in the Activities or place us at increased risk.
3. Compliance with Safety Rules
I agree, and shall ensure that my child/ward agrees, to:
• Comply fully with all rules, instructions, safety briefings, and warnings issued by the Provider or its staff;
• Refrain from tampering with, adjusting, misusing, or interfering with any equipment or infrastructure, including but not limited to harnesses, belts, buckles, ropes, cables, lines, poles, or safety devices.
ASSUMPTION OF RISK
I acknowledge, understand, and agree on behalf of myself and/or my child/ward that:
1. Participation in the Activities is voluntary and undertaken at my sole discretion, and I knowingly and freely assume all risks associated with such participation, including risks arising from negligence, carelessness, dangerous conditions, or defective equipment, whether owned, maintained, or controlled by the Provider;
2. The Activities involve inherent risks that may result in property damage, personal injury, illness, permanent disability, or death;
3. Participation requires that I and/or my child/ward:
o Be in good mental, emotional, and physical condition;
o Not be under the influence of alcohol, drugs, medication, or substances that may impair judgment, coordination, vision, or reaction time;
o Not suffer from any medical or physical condition including, without limitation, heart, back, respiratory, circulatory, neurological conditions, dizziness, vertigo, acrophobia, claustrophobia, hypertension, diabetes, hypoglycemia, or similar conditions;
o Not be pregnant;
4. The Provider does not assess or evaluate my or my child’s/ward’s fitness to participate, and no statement or action by the Provider shall be interpreted as such an assessment or recommendation;
5. I authorize the Provider to obtain emergency medical treatment for me and/or my child/ward if deemed necessary, and I consent to all medical procedures reasonably required to preserve life or health. I accept full financial responsibility for any medical costs incurred;
6. I will immediately notify a lifeguard, paramedic, or staff member of any injury, illness, or condition and will immediately cease participation if required.
RELEASE OF LIABILITY AND INDEMNITY
To the fullest extent permitted by applicable law, I agree on behalf of myself and/or my child/ward, and our respective heirs, representatives, successors, and assigns, to:
1. Assume full responsibility for any loss, damage, injury, illness, disability, or death arising out of or related to participation in the Activities, regardless of cause;
2. Waive, release, and forever discharge the Provider, including the Owner, Operator, their affiliates, group companies, directors, officers, employees, agents, instructors, members, and representatives (collectively, the “Indemnified Parties”), from any and all claims, demands, liabilities, or causes of action arising out of participation in the Activities, whether caused by negligence or otherwise;
3. Indemnify and hold harmless the Indemnified Parties from and against any claims, damages, losses, costs, or expenses (including reasonable legal fees) arising directly or indirectly from my or my child’s/ward’s participation in the Activities;
4. Acknowledge that the Indemnified Parties are not responsible for the acts, omissions, errors, or failures of any third party involved in the design, construction, maintenance, or supply of equipment for the Park or Activities.
This waiver shall be interpreted broadly to provide the maximum release and protection permitted under applicable law.
AUTHORISATION FOR USE OF IMAGE, VOICE, AND LIKENESS
I consent to myself and/or my child/ward being photographed, filmed, or recorded in connection with the Park or Activities (“Content”).
I irrevocably authorize the Owner and its affiliates (the “Released Parties”) to use my and/or my child’s/ward’s name, image, likeness, voice, appearance, and performance for promotional, marketing, advertising, or any lawful commercial purpose, in any media, worldwide, for an unlimited duration, without compensation.
I acknowledge that:
• All Content shall be the exclusive property of the Released Parties;
• The Released Parties may edit, modify, publish, reproduce, broadcast, or license the Content at their discretion;
• I waive any right to inspect or approve the final materials;
• I waive all moral rights, privacy rights, and any right to royalties or compensation.
I release and forever discharge the Released Parties from all claims arising from the use of the Content.
GOVERNING LAW AND JURISDICTION
This agreement shall be governed by and construed in accordance with the laws of the United Arab Emirates as applicable in the Emirate of Dubai. The courts of Dubai shall have exclusive jurisdiction over any dispute arising from this agreement.
If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.