OXIGÉNIO INSPIRA-TE LDA AGREEMENT AND LIABILITY WAIVER (“Agreement and Waiver”)
PLEASE READ THE FOLLOWING AGREEMENT AND WAIVER CAREFULLY, AS IT AFFECTS YOUR FUTURE LEGAL RIGHTS. BY PROCEEDING WITH REGISTERING FOR THE “SPORTS FESTIVAL”, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE CAREFULLY READ THE AGREEMENT AND WAIVER AND AGREE TO THE TERMS SET FORTH BELOW.
Though you still need to read the entire document, some of the key points of this Agreement and Waiver are highlighted here:
- The activity for which you are registering (the “SPORTS FESTIVAL 2019”) may be physically challenging and may pose a risk of discomfort, illness, injury, and even death. You need to be satisfied that you are physically capable of doing the Event without undue risk to your health or your life. We do not conduct health or fitness checks on entrants.
- The SPORTS FESTIVAL event may involve inherent risks and dangers to participants and observers and, accordingly, you participate or observe at your own risk.
- Where you have registered or entered on behalf of anyone under the age of 18 or have accompanied anyone under the age of 18 to observe the SPORTS FESTIVAL event, you also agree to the contents of this Agreement and Waiver on behalf of the person under 18.
In consideration of being permitted to register and/or participate in and/or observe the SPORTS FESTIVAL, on behalf of yourself and any personal representatives, assigns, heirs, executors, successors, next of kin, and persons supported by you (if relevant under the applicable laws), you understand that:
1. Authority to Register and/or to Act as Agent.
You represent and warrant to OXIGENIO INSPIRA-TE LDA that you have full legal authority and capacity to complete the registration for the SPORTS FESTIVAL event, including this Agreement and Waiver, on behalf of yourself and/or, where applicable, any party for whom 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, (a) OXIGÉNIO INSPIRA-TE LDA means and includes SPORTS FESTIVAL, its partners, licensors, and any and all subsidiaries, affiliated entities, or entities that control, are controlled by, or are under common control with OXIGÉNIO INSPIRA-TE LDA singly or together and its and each of their officers, employees, contractors, subcontractors and agents and each of their agents, representatives, successors and assigns; and (b) “you” or “your” means and includes you (as an individual) and all other Registered Parties for whom you are registering, and by virtue of agreeing to this Agreement and Waiver, for whom you are waiving certain rights.
If you are registering a person 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 and capacity to enter into this Agreement and Waiver on his/her behalf and by proceeding with registration for the SPORTS FESTIVAL, you agree that the terms of this Agreement and Waiver shall apply equally to all of the Registered Parties. To the extent permitted by law, each person agreeing to this Agreement and Waiver for him/herself and/or on behalf of another Registered Party (including, without limitation, any minor) agrees to indemnify, defend, and hold OXIGÉNIO INSPIRA-TE harmless from any liability, claim, demand, cause of action, damage, loss, or expense (including court costs and reasonable attorneys’ fees) of any kind or nature (each, a “Liability” and collectively “Liabilities”) in the event the Liability arises because a Registered Party is found by a court of competent jurisdiction to not be bound by the terms and conditions of this this Agreement and Waiver. In addition, if, despite this Agreement and Waiver, any of the Registered Parties makes a claim against OXIGÉNIO INSPIRA-TE, you agree, immediately upon request or demand by OXIGÉNIO INSPIRA-TE LDA, to defend, indemnify, and hold OXIGÉNIO INSPIRA-TE harmless from all Liabilities which may be incurred as the result of such claim.
2. Assumption of risk.
In consideration of the acceptance of your registration and participation in the SPORTS FESTIVAL , you assume full and complete risk and responsibility for any discomfort, illness, injury, or accident which may occur while you are preparing for the SPORTS FESTIVAL, during the SPORTS FESTIVAL, while you are on the premises of the SPORTS FESTIVAL, or while you are traveling to or from the SPORTS FESTIVAL. You understand that participating in the SPORTS FESTIVAL may be hazardous, and that you should not enter and participate unless you are medically able and properly trained. You should consult your doctor before participating in the SPORTS FESTIVAL. It is your responsibility to check and to ensure that you are at all times medically and physically fit to participate in the activities related to the SPORTS FESTIVAL. You acknowledge and agree that the SPORTS FESTIVAL may be held over public roads and facilities open to the public during the SPORTS FESTIVAL and upon which hazards are to be expected. You also acknowledge and agree that participation in the SPORTS FESTIVAL may carry with it certain inherent risks and dangers that cannot be eliminated completely ranging from risk of minor discomfort to catastrophic injuries including permanent disability and death. You are aware of and assume all risks associated with participating in the SPORTS FESTIVAL, including without limitation risks of permanent injury or death due to falls, obstacles, contact with other participants, acts or omissions of other participants, effect of weather, traffic and conditions of any road.
You represent and warrant that you are in good physical condition, are able to safely participate in the SPORTS FESTIVAL, and have no medical condition that would make your participation in the SPORTS FESTIVAL more hazardous. You consent to medical care and transportation in order to obtain treatment in the SPORTS FESTIVAL of injury to you and understand that this Agreement and Waiver extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the SPORTS FESTIVAL of an emergency and/or injury. You understand that no medical care may be available, but if it is, you assume liability for any and all medical expenses incurred as a result of your participation in the SPORTS FESTIVAL (where such medical expenses are not provided on a free of charge basis by any medical services organizations, clinics, or hospitals), including, but not limited to ambulance transport, hospital stays, physician, and pharmaceutical goods and services. You agree to observe and obey all posted rules and warnings, to follow any instructions or directions provided to you by OXIGÉNIO INSPIRA-TE LDA or the SPORTS FESTIVAL organizer and to abide by any decision of any SPORTS FESTIVAL official relative to your ability to safely participate in or attend the SPORTS FESTIVAL. You understand and agree that you are expected to exhibit appropriate behavior at all times while at the SPORTS FESTIVAL and to obey all applicable laws while participating in or attending the SPORTS FESTIVAL. This includes, generally, respect for other people, equipment, facilities or property. You agree that SPORTS FESTIVAL officials may dismiss you, without refund, should your behavior, in the opinion of OXIGÉNIO INSPIRA-TE LDA or the SPORTS FESTIVAL organizer, endanger the safety of or negatively affect the SPORTS FESTIVAL. You understand and agree that you are responsible for taking care of your own personal belongings during the SPORTS FESTIVAL and, to the maximum extent permitted by law, neither OXIGÉNIO INSPIRA-TE LDA nor the SPORTS FESTIVAL organizer is responsible for any personal item or property that is lost, damaged or stolen at the SPORTS FESTIVAL. You understand and agree that the SPORTS FESTIVAL organizer reserves the right to cancel the SPORTS FESTIVAL in the event of weather (including, but not limited to, heat, tornadoes, earthquakes, fires, storms, lightning and floods), accidents, acts of war or terrorism, military conflicts or riots, or for any reason that would affect the safety and security of SPORTS FESTIVAL participants and/or spectators or the feasibility of the SPORTS FESTIVAL to be held. In the event of such cancellation or any other cancellation for any reason, there will be no refund of your payment unless authorized and paid by the SPORTS FESTIVAL organizer. You agree to hold OXIGÉNIO INSPIRA-TE LDA harmless from any liability, claim, demand, cause of action, damage, loss, or expense (including court costs and reasonable attorneys’ fees) of any kind or nature, related to any cancellation or disruption of the SPORTS FESTIVAL.
4. Release and waiver of liability.
You hereby waive, release, covenant not to sue and forever discharge OXIGÉNIO INSPIRA-TE LDA and all other persons associated with the SPORTS FESTIVAL, for all liabilities, claims, actions, or damages that you may have against them arising out of or in any way connected with your registration and/or participation in the SPORTS FESTIVAL, including without limitation any liabilities, claims, actions, or damages caused by negligence of the above parties (including any negligent rescue attempt), the action or inaction of any of the above parties, or otherwise. OXIGÉNIO INSPIRA-TE LDA shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if OXIGÉNIO INSPIRA-TE LDA has been advised of the possibility of such damages). Without limiting the foregoing, OXIGÉNIO INSPIRA-TE LDA will not be responsible for (a) the use or the inability to use the o OXIGÉNIO INSPIRA-TE LDA sites, products or services; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the OXIGÉNIO INSPIRA-TE LDA sites; (c) your participation in any promotion or program coordinated by OXIGÉNIO INSPIRA-TE LDA; (d) personal injury; (e) unauthorized access to or alteration of your transmissions or data; (f) statements or conduct of any third party on the oxigénio inspira-te lda sites; (g) any other matter relating to the OXIGÉNIO INSPIRA-TE LDA sites, or OXIGÉNIO INSPIRA-TE LDA products or services; or (h) your participation in the SPORTS FESTIVAL. You agree that OXIGÉNIO INSPIRA-TE LDA maximum liability to you, for any reason or cause whatsoever, shall not exceed the total amount of monies received by OXIGÉNIO INSPIRA-TE LDA from you.Nothing in this agreement and waiver shall be construed as limiting or excluding OXIGÉNIO INSPIRA-TE LDA ´s or the SPORTS FESTIVAL organizer's liability for: (a) death or personal injury caused by gross negligence; (b) fraud or fraudulent misrepresentation; or (c) any other matter for which it would be illegal or unlawful to exclude or attempt to exclude liability. Your statutory rights as a consumer are not affected by this agreement and waiver.
6. Disclaimer of warranties. You expressly agree that use of OXIGÉNIO INSPIRA-TE LDA services is at your sole risk. The services are provided on an “as is” and “as available” basis. OXIGÉNIO INSPIRA-TE LDA makes no warranty that OXIGÉNIO INSPIRA-TE LDA sites’ services will be uninterrupted, secure, or error free. OXIGÉNIO INSPIRA-TE LDA 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. OXIGÉNIO INSPIRA-TE LDA does not guarantee the accuracy or completeness of any information on, or provided in connection with, the OXIGÉNIO INSPIRA-TE LDA sites. OXIGÉNIO INSPIRA-TE LDA is not responsible for any errors or omissions, or for the results obtained from the use of such information.
7. Use of Likeness.
You hereby irrevocably grant OXIGÉNIO INSPIRA-TE LDA and the SPORTS FESTIVAL organizer permission to record your voice and photograph you in conjunction with the SPORTS FESTIVAL. You understand and agree that the term "photograph" as used herein encompasses both still photographs and video recordings. You further grant OXIGÉNIO INSPIRA-TE LDA and the SPORTA FESTIVAL organizer permission to use your photograph, voice, and likeness taken in conjunction with the SPORTS FESTIVAL, in any form, including edited versions, in or over any medium including without limitation streaming audio and/or video over the internet, broadcast, cable, satellite transmissions, and media that are unknown at this time, worldwide for any legitimate purpose including, without limitation, any commercial purpose, without compensation to you. Your further waive any right of inspection of any such recordings and photographs. You understand that any such recordings and photographs recorded by OXIGÉNIO INSPIRA-TE LDA and/or the SPORTS FESTIVAL organizer shall become the sole property of OXIGÉNIO INSPIRA-TE LDA and/or the SPORTS FESTIVAL holder, as applicable.
You further expressly agree that this Agreement and Waiver is intended to be as broad and inclusive as is permitted by applicable law, and if any provision of this Agreement and Waiver is held to be unenforceable by a court of competent jurisdiction for any reason whatsoever, (a) the validity, legality, and enforceability of the remaining provisions of this Agreement and Waiver (including without limitation, all portions of any provisions containing any such unenforceable provision that are not themselves unenforceable) shall not in any way be affected or impaired thereby, and (b) to the fullest extent possible, the unenforceable provision shall be deemed modified and replaced by a provision that approximates the intent and economic effect of the unenforceable provision and the Agreement and Waiver shall be deemed amended accordingly.
By indicating your acceptance of this agreement and waiver, you are affirming that you have read this agreement and waiver and fully understand its terms. You understand that you and all registered parties are giving up substantial rights, including the right to sue. You acknowledge that you are agreeing to this 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. If the participant is a minor or incapacitated adult, you certify that you are the participant's parent or guardian and agree to this waiver and release from liability on behalf of the participant.
2019 SPORTS FESTIVAL Participation Waiver
EVERYONE MUST READ AND ACCEPT THIS WAIVER, SO PLEASE READ CAREFULLY BEFORE ACCEPTING THIS ACKNOWLEDGMENT, WAIVER, AND RELEASE FROM LIABILITY.
In consideration of my registration for and participation in SPORTS FESTIVAL 2019, or such other rescheduled date (the “Event”), I accept any and all risks of participation and agree to release, discharge, hold harmless and indemnify (and covenant and agree not to sue) OXIGÉNIO INSPIRA-TE LDA, and all Event sponsors, and all officers, directors, and members of said organizations, their respective employees, agents, licensees, designees and any other individuals who are in any way associated with this Event including volunteers (collectively, the “Released Parties”), on behalf of myself and my heirs from any and all liability, claims, demands, and/or actions, which are related to, arise out of, or in any way connected with my participation in this Event, whether caused by the negligence of the Released Parties or not. I acknowledge that I am in proper physical condition to be present at the SPORTS FESTIVAL 2019 and participate in any and all activities therein and that my participation in this Event is completely voluntary. I understand and acknowledge that the SPORTS FESTIVAL 2019 will be held on uneven terrain, over public roads and through facilities that may be open to the public during the SPORTS FESTIVAL 2019. I knowingly and voluntarily accept and assume responsibility for any risks and dangers that could arise out of, or occur during, my presence at and participation in the SPORTS FESTIVAL 2019 and will comply with any and all on-site directions, guidelines and rules of conduct at the SPORTS FESTIVAL 2019. I understand that if the SPORTS FESTIVAL 2019 is cancelled because of circumstances beyond the control of the SPORTS FESTIVAL 2019 committee and sponsors, including but not limited to hazardous weather conditions or government ban, my entry fee will not be refunded.
I hereby grant the Released Parties the absolute and irrevocable right and permission to film me, take photographs, pictures or other portraits of me, videotape and otherwise record me, and to record my voice, conversations and sounds, along with my name, likeness, image and voice (collectively, “Recordings”), all of which may be used, and to copyright and/or use and/or publish the Recordings in whole or in part, as well as any and all other materials that may include the Recordings, in conjunction with my own or fictitious name, in any media now or hereinafter existing, including without limitation any and all television, Internet and/or paid media, including third party websites and social networking sites, for any purpose whatever, throughout the world, in perpetuity, without further compensation or notification to me, except where prohibited by law. I hereby agree to indemnify and hold harmless the Released Parties from and against any and all claims or liabilities arising out of the taking, processing, reproduction and/or use of the Recordings in accordance with the terms hereof, including but not limited to claims in the nature of copyright infringement, defamation, disparagement, slander, false light, invasion of privacy or publicity or the like.
I HEREBY AFFIRM THAT I AM EIGHTEEN (18) YEARS OF AGE OR OLDER. I HAVE READ THIS WAIVER AND UNDERSTAND ITS CONTENT.
FOR PERSONS UNDER EIGHTEEN (18) YEARS OF AGE, A PARENT OR LEGAL GUARDIAN MUST ACCEPT THE ABOVE WAIVER AND COMPLETE THE FOLLOWING SECTION.
The parent and natural or legal guardian of the registered minor does acknowledge that he or she has executed the foregoing WAIVER for and on behalf of the named minor. As the natural or legal guardian of the minor, I agree to bind myself, the minor, and our executors, administrators, heirs, next of kin, successors and assigns, to the terms of the above WAIVER. I represent that I have the legal capacity and authority to act for and on the behalf of the minor named here, and I agree to indemnify and hold harmless the Released Parties listed in the foregoing WAIVER for any claims made of liabilities assessed against the Released Parties as a result of any insufficiency of my legal capacity or authority to act for and on the behalf of the minor in the execution of this WAIVER or in the execution of this CONSENT.
I authorize any licensed physician, emergency personnel, hospital, or other medical or health care facility (Medical Provider) to treat the minor for the purpose of attempting to treat or relieve any injuries received by said minor arising out of or relating to SPORTS FESTIVAL 2019 event. I authorize such Medical Provider to perform all procedures deemed medically advisable in attempting to treat or relieve such injuries. I consent to the administration of anesthesia as deemed advisable during the course of treatment. I realize and appreciate that there is a possibility of complications and unforeseen consequences in any medical treatment, and I assume such risk for and on behalf of myself and said minor. I acknowledge that no warranty is being made as to the results of any medical treatment.
NOTE: PARENT/GUARDIAN MUST ALSO ACCEPT THE ABOVE WAIVER.
There are no refunds if the event is held.
CANCELLED EVENT: As a registered SPORTS FESTIVAL 2019, you have two options if we cancelled the date of an event:
1. If the new date works for you, great news! You are automatically registered for the event in that day.
2. If the new date does NOT work for you, please contact our support team at INFO@SPORTSFESTIVAL.PT and our awesome customer service reps will help you by transferring your registration to another event on 2019 or 2020.
WEATHER POLICY: The Event takes place rain or shine. In the SPORTS FESTIVAL that weather or other unforeseeable conditions are deemed by Event Organizers and/or City Officials to be potentially hazardous to participants and volunteers, the organizers reserve the right to postpone the start time or cancel the event outright. Cancellation of the event may take place either prior to the start of the event or at any time while the event is taking place. There will be no refunds or deferrals for weather cancellation.