For cyclists and runners
PLEASE READ THIS DOCUMENT CAREFULLY. BY ACCEPTING YOU WAIVE IMPORTANT LEGAL RIGHTS AND ASSUME FULL RESPONSIBILITY FOR YOUR PARTICIPATION.
This Waiver & Indemnity (“Waiver & Indemnity”) is granted by the parent/guardian named below (the “Parent”) on behalf of the child/minor named below (the “Minor”) to Abu Dhabi Motorsports Management LLC, a company incorporated and registered in the Emirate of Abu Dhabi, whose registered office is at P.O. Box 130001, Abu Dhabi, United Arab Emirates (“ADMM”). ADMM and the Parent are hereinafter referred to each as a “Party” and collectively as the “Parties”.
The Minor is granted permission to use the Yas Marina Circuit (the “Circuit”), on the terms and conditions specified in this Waiver & Indemnity which the Parent has read, understood and agrees to comply with at all times and with respect to all aspects of the Minor’s presence at and use of the Circuit. Nothing in this Waiver & Indemnity grants to the Minor a right to use the Circuit on any other basis.
The Parent hereby gives permission for the Minor to use the Circuit, subject to the terms of this Waiver & Indemnity. The Parent understands that it is its responsibility to read and understand this Waiver & Indemnity.
The Parent understands, accepts and acknowledges, on its own behalf and on behalf of the Minor, that use of the Circuit and activities associated therewith are dangerous and that there is a possibility of an accident causing injury, death or property damage or loss and use of the Circuit is voluntary and solely at the Parent’s own risk and that the Parent assumes such risk.
The Parent understands that should the Minor, at the time of this event, be suffering from any disability or condition whether permanent, temporary or otherwise which is likely to affect or impair its ability cycle or run and/or represents a danger to itself or other persons, the Minor shall not use the Circuit.
As a condition of use of the Circuit, the Parent, on its own behalf and on behalf of the Minor, agrees to defend, protect, release, hold harmless, indemnify and keep indemnified ADMM, Aldar Properties PJSC, the Emirate of Abu Dhabi, any governmental entity, authority, department, section or division of the Emirate of Abu Dhabi, including, but not limited to, the Executive Council and the Executive Affairs Authority, and each of their respective directors, officers, volunteers, employees, agents, subcontractors, representatives and any other person or organisation using the Circuit (each an “Indemnified Party” and collectively, the “Indemnified Parties”), from and against all costs (including, without limitation, attorney’s fees and other legal and professional costs, fees and expenses), fees, expenses (including loss of profits and consequential loss) liabilities, loss, damages, suits, causes of action, demands, claims or proceedings whatsoever (each a “Claim” and collectively, “Claims”) when arising out of and/or incidental to any of the following: (a) all injuries, deaths, accidents, damages, loss and/or illnesses to the Minor and/or any third party, including, but not limited to all persons working for or on behalf of any Indemnified Party and all attendees at the Circuit and/or any third party/parties; (b) any breach or non-compliance with or non-performance of any obligations under this Waiver & Indemnity, including, but not limited to, third party claims and losses or monies due to negligence, dishonesty or fraud; (c) loss of property and/or damage to any property belonging to the Minor and/or any third party, including, but not limited to, any bicycle (whether or not owned by the Minor and/or any third party), damage to the Circuit, all persons working for or on behalf of any Indemnified Party, all attendees at the Circuit and/or any third party/parties.
The Parent, on its own behalf and on behalf of the Minor, irrevocably and unconditionally agrees: (a) not to, and to procure that no person or entity for or on its behalf will, make any Claim against any of the Indemnified Parties in respect of or in connection with: (i) the use of the Circuit; (ii) the subject of this Waiver & Indemnity; and (iii) any and all issues arising directly or indirectly in relation thereto. To the extent that any such Claim exists or may exist, the Parent hereby irrevocably waives any existing, current or future Claim and releases and discharges each of the Indemnified Parties from any such Claim.
The Parent understands, acknowledges and agrees, on its own behalf and on behalf of the Minor, that: (a) none of the Indemnified Parties shall be liable for any indirect, consequential, special and/or punitive loss of any kind whatsoever when arising out of, associated with or incidental to this Waiver & Indemnity; and (b) this Waiver & Indemnity has been freely and fairly entered into and no presumption or burden of proof will arise favoring or disfavoring any Party because of the authorship of any provision of this Waiver & Indemnity.
The Parent, on its own behalf and on behalf of the Minor, undertakes not to, and to procure that no person working for or on its/their behalf will make any disparaging, derogatory, denigrating, ridiculing or otherwise critical statements or comments, orally or in writing, either directly or indirectly, to any third party concerning any of the Indemnified Parties and/or the Circuit (“Disparaging Statement(s)”) and represents and warrants that prior to the execution of this Waiver & Indemnity it has not made any Disparaging Statement(s) that has damaged or is likely to damage any of the Indemnified Parties or the reputation of any of them and/or the Circuit.
The Parent undertakes, at ADMM’s request and the Parent’s own cost and expense, to sign all documents and to do all other acts, which may be necessary to give full effect to this Waiver & Indemnity.
By accepting, the Parent acknowledges, on its own behalf and on behalf of the Minor, that it has carefully read this Waiver & Indemnity, understands the Terms and Conditions, had the opportunity to consult with a lawyer, and agrees with this Waiver & Indemnity including the Terms and Conditions as binding on it, its heirs, legal representatives, successors and assigns.
Terms and Conditions
1. The Parent hereby acknowledges and agrees, on behalf of itself and on behalf of the Minor, that the Parent and the Minor are subject to, and agree to abide by the Terms and Conditions of entry of Yas Marina Circuit, as may be amended, a copy of which can be found here.
2. ADMM shall not be deemed to have waived any provision of these Terms and Conditions unless such a waiver is in writing and is signed by ADMM. A failure by ADMM at any time to exercise any rights hereunder shall not constitute a waiver of such rights at any another time.
3. The Parties agree that any and all disputes arising from the interpretation, implementation or termination of this Waiver & Indemnity herein shall be referred to and exclusively settled by the courts of Abu Dhabi, United Arab Emirates.
4. Each of the provisions of these Terms and Conditions is severable from the other(s). If any term of this Waiver & Indemnity is or becomes illegal, invalid or unenforceable in accordance with the laws of any relevant jurisdiction, shall not affect the legality, validity or enforceability of any other term of this Waiver & Indemnity.
5. This Waiver & Indemnity contains the whole agreement between the Parent and ADMM and supersedes all previous agreements between the Parent and ADMM. The Parent acknowledges that in entering into this Waiver & Indemnity it has not relied on any representation, warranty, collateral contract or other assurance made by or on behalf of any other Party before the date of this Waiver & Indemnity. The Parent waives all rights and remedies which would otherwise be legally available to it in respect of any such representation, warranty, collateral contract or other assurance.
6. The Parent understands and acknowledges that: (a) by signing this Waiver & Indemnity could become liable for the Minor caused injury to him/herself and/or other persons at the Circuit and for property damage. Furthermore, the Parent understands that the Parent may procure insurance coverage at the Parent’s own initiative (and is strongly advised by ADMM to do so), for any such injury and/or damage the Minor may cause; and (b) any insurance procured and maintained by ADMM for the purpose of covering vehicles and/or bicycles, persons present at the Circuit and premises thereof is for the sole benefit and interest of ADMM.
7. The Parent understands that the Minor shall comply with the instructions provided by ADMM at all times. If the Minor fails to obey any of the signals and/or instructions given by ADMM, ADMM shall be entitled to suspend the Minor’s participation in the Event.
8. ADMM provides such marshalling and emergency services as it shall deem appropriate in its absolute and sole discretion and save when otherwise agreed upon, permission to use the Circuit, does not cover the provision of timekeepers, additional fire or medical services. The Parent must make its own arrangements for such services if and when required. In the event of medical or fire services being summoned in an emergency when specific arrangements for their attendance have not been made, the cost thereof shall be defrayed by the Parent whether such service has been called by the Circuit staff, a third party, the Parent or Minor or its employees, representatives, volunteers and/or contractors.
9. ADMM operates and maintains the Circuit and support facilities and services in accordance with such standards as it deems appropriate from time to time. This Waiver & Indemnity shall not be deemed to imply any warranty or undertaking by any of the indemnified parties or otherwise that the nature or physical condition of the circuit and the provisions of marshals, fire, or medical services and emergency services (if any) are suitable for the specific use contemplated by the Parent and the Minor must first satisfy itself as to the safety and suitability in all respects of the Circuit and such services before proceeding with participation in the Event.
10. In the event of an accident the Track Operations Manager must be notified at the time of such accident. If a personal injury is incurred or injury by the Minor or damage to property, written notice providing full details must be sent within twenty-four (24) hours of such accident to Abu Dhabi Motorsports Management LLC, at P.O. Box 130001, Abu Dhabi, United Arab Emirates and the Parent and Minor shall not make any admission, offer, promise or payment relating to such accident.
11. In the event of any substance likely to cause danger to others using the Circuit is deposited on the track, immediate steps must be taken by the Minor to notify the designated ADMM representative(s).
12. Reckless or dangerous behaviour is expressly forbidden. Braking, manoeuvering or other special tests likely to cause danger on the Circuit shall only be carried out on the portion of the Circuit specially set aside for such purposes.
13. Participation in the Event shall not commence until the authorised representative of ADMM has given permission for the Minor to do so.
14. ADMM reserves the right for any reason, and at anytime before or during the Event, to suspend or cancel the use of the Circuit by the Minor.
15. Under no circumstances will a cyclist or runner be allowed to use the Circuit in company with a motor cycle or motor cycles.
16. The permission to use the Circuit shall terminate immediately in the event the Minor breaches any of the Waiver and Indemnity Terms and Conditions.
17. The Minor (and where applicable all bicycles) Road bicycles for Track Days and runners must comply with all government legislation, rules, regulations, guidance, policies including but not limited to any safety regulations and all such other requirements of ADMM as may be required from time to time.
18. The Minor shall be entitled to use such the Circuit pit facilities (if applicable) provided ADMM has agreed upon such use. The Minor shall conduct its activities within the area designated by ADMM so as not to cause any nuisance or disturbance to ADMM or others entitled to use the Circuit and the pit area (if applicable). The Minor shall not under any circumstances deposit liquid or harmful substances in containers provided for general commercial waste.
19. The Minor shall at all times comply and ensure compliance with all applicable regulations, arrangements, by-laws and legislation and agrees to comply with notices, requests or announcements displayed or given by the police or ADMM in relation to health, safety and security.
20. The Parent shall reimburse the applicable Indemnified Parties for the cost of repair for any damage to the property of the respective Indemnified Parties, including the Circuit or any part of the property (which for avoidance of doubt includes the catch fencing and safety barriers) caused by the Parent and/or Minor, its servants or agents or any person in its party. All monies due to such Indemnified Parties under this Condition 20 shall be paid by the Parent, without deduction, set-off and/or counterclaim, within fourteen (14) days of demand made by the applicable Indemnified Parties.
21. Closed circuit television is available to enable ADMM to maintain safety cover and to manage the Circuit itself. Recordings from the closed circuit television system may be made at ADMM’s absolute and sole discretion. The Parent and Minor specifically waive any interest, proprietary or otherwise they may have in such recording(s) and irrevocably consent to the same. The Parent and Minor must not make, reproduce, broadcast, stream, use, sell, licence or otherwise deal in any recordings made within the Circuit whether for profit or otherwise or store, record or transmit any information or other data, including images, official timing, results, performance, telemetry, weather or race control data without the prior consent of the ADMM; and, ADMM shall be entitled to review and retain or delete any such recording(s), at its sole discretion.
22. The Parent acknowledges and agrees, on its own behalf, and on behalf of the Minor, that ADMM may collect personal information concerning the Parent and/or Minor for operational, research, marketing and promotional activities in relation to any activity conducted at the Circuit. ADMM has the right to admit any authorised photographers and/or videographers onto the Circuit for photography and/or video recording for future advertising and promotional purposes without seeking the prior permission of the Parent and/or Minor. The Parent and Minor understand that with respect to such record(s) and/or recording(s) ADMM may be reproduce, broadcast, stream, use, sell, licence or otherwise deal with a recording of the Parent and/or Minor in any media, worldwide and for any purpose without identification, compensation or payment of any kind. Recordings may be used or passed to the police for use in any proceedings without the Parent’s and/or Minor’s permission. Unless the Parent advises ADMM otherwise, the Parent consents to receiving future promotions and marketing communications from ADMM, including those transmitted via electronic messaging means such as email and SMS.
23. ADMM shall provide the Minor with a helmet for participation in the Event. It is the sole responsibility of the Parent to procure for the Minor and ensure the Minor wears additional protective articles, including but not limited to elbow and knee pads so as to avoid or minimise the risk of injury or loss to the Minor, if the Parent deems appropriate.
24. ADMM and the Indemnified Parties are not liable, in any manner whatsoever, for any property (including any vehicle or bicycle) brought by a Parent and/or Minor, a passenger and/or any third party, to the Circuit that becomes lost or damaged.