AGREEMENT AND LIABILITY WAIVER FOR 4PAWS PAWATHON CHARITY RUN
PLEASE READ THE CONTENTS OF THIS AGREEMENT AND LIABILITY WAIVER. BY REGISTERING FOR THE 4PAWS PAW-A-THON CHARITY RUN, YOU ARE DEEMED TO HAVE ACKNOWLEDGED AND CONFIRMED THAT YOU HAVE READ, UNDERSTOOD AND WILLINGLY IRREVOCABLY AGREED TO ALL THE TERMS AND CONDITIONS STATED BELOW.
In consideration of being permitted to participate in the 4PAWS Paw-a-thon Charity Run and/or any other related activity(ies) on 5 July 2015 (hereinafter referred to as “the Event”) which is organized by the Penang Animal Welfare Society (Registration no. 3140-11-PPG) of _429, Jalan Hassan Abbas, Teluk Bahang, Penang (hereinafter referred to as the “Organizer”), you hereby understand and willingly irrevocably agree, undertake, warrant and covenant as follows:
LEGAL AUTHORITY AND CAPACITY
1. That you have full legal authority and capacity to register yourself or for and on behalf of any person to participate in the Event. If you are registering a child who is under the age of 18 years old, you must be a parent or legal guardian of the said child and have legal authority and capacity to enter into this Agreement and Liability Waiver (hereinafter referred to as “this Agreement”) for and on the said child’s behalf and by registering for the Event for and on the said child’s behalf, you hereby agree that the terms and conditions of this Agreement shall apply severally and jointly to you.
2. That you shall assume full responsibility and be liable for all risk of injury, accident and/or otherwise which may occur in preparation, during and/or after the Event in any where and at any time whatsoever.
3. That you have independently consulted your personal physician for any injury and/or medical examination in respect to your fitness for the training and participation in the Event. You hereby represent and confirm that you are in good health, physically fit and capable of participating in the Event.
4. That if you are under treatment for any physical infirmity, ailment or illness, or if you are taking any prescription or over-the-counter medications, you and your physician are aware of the same, your physician has advised you of the dangers of participating in the Event and you understand the risks. Notwithstanding the same, you hereby represent that your physician has approved your participation in the Event.
5. That you are solely responsible for your health and safety and any personal property that you bring with you to the Event.
6. That you consent to medical care and transportation in order to obtain treatment in the event of injury to you and understand that the waiver of liability contained in this Agreement shall extend to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury.
7. That you acknowledge full and sole responsibility for your own medical expenses and you are responsible for any and all medical expenses incurred on your behalf.
DANGER AND/OR CRIME
8. That you understand that by participating in the Event, you shall be using public streets and facilities whereby many hazards exist. You are aware of and appreciate the risks that may result from your participation in the Event. You are specifically aware that accidents or illness can occur during the Event and that you may be injured or killed as a result. In consideration for being permitted to participate in the Event, you hereby agree to be responsible for all risks of injury or death and to waive your rights and release in advance and hold harmless the Organizer, its officers, directors, employees, volunteers, agents and representatives, all affiliated organizations, individuals and entities, designated beneficiaries, sponsors, first-aid volunteers, officials, participating clubs, communities and/or organizations (hereinafter collectively referred to as “Releasees”) in relation to any and all liabilities and/or claims for damages for death, personal injury and/or property damage, including but not limited to medical bills, lost of wages, pain and suffering, legal fees and court costs, which you may now have, or which you may hereafter have as a result of your participation in the Event, even though such liability or claims may arise through no fault of yours, or from:
8.1. Negligence or carelessness on the part of one or more Releasees;
8.2. Dangerous or defective property or equipment owned, maintained or controlled by one or more Releasees; or
8.3. Liability without fault.
9. You understand and agree that the Organizer is not responsible for any personal item or property that is lost, damaged or stolen at the Event.
LAWS, GUIDELINES AND RULES
10. That you shall duly adhere to all guidelines and rules established by the Organizers and the laws and regulations of Malaysia while participating in the Event.
11. That you agree to observe and obey all posted rules, regulations and warnings, to follow any instructions or directions provided to you by the Organizer and to abide by any decision of the Organizer in relation to your ability to safely participate in or attend the Event.
12. That the dog that you shall bring along for the Event has valid and subsisting license with the relevant authority and current parvo and rabies vaccinations.
13. That you agree that the Organizers may dismiss or forfeit your participation in the Event, without refund, should the Organizer reasonably believes that your behavior endanger the safety of or negatively affect the public and/or the Event.
14. That you acknowledge that you have and/or shall provide to the Releasees personal data which includes but is not limited to your or third party’s name, contact details, address, electronic mail address, identity card details, video recordings and photographs (hereinafter referred to as “Personal Data”).
15. That you agree and consent to any of the Releasees using and processing your Personal Data in the manner and purposes as described below without compensation:
15.1. For the purpose of the Event;
15.2. To provide such necessary information to any regulatory or governmental authorities as required by statutory, regulatory or governmental requirements;
15.3. For the Releasees’ internal administrative purposes;
15.4. For publicity, promotional and any commercial purpose by any of the Releasees; and/or
15.5. To send you materials such as season greeting cards, newsletters, articles, write-ups and other updates, distribute information of events, conferences, talks and seminars which may be of interest to you.
16. That it is voluntary for you to supply your Personal Data to the Releasees. However, if you do not wish to provide your Personal Data, the Organizer may not be able to allow your participation in the Event.
17. That if you do not agree or consent to the Releasees processing your Personal Data, please notify the Organizer by writing.
18. That your Personal Data provided to the Releasees or obtained by the Releasees shall be kept confidential by the Releasees. However, it may be necessary for the Releasees to engage third party companies, service providers or individuals to perform certain services on behalf of the Releasees. In such event, you hereby agree and consent that the Releasees may disclose and transfer your Personal Data to the third parties, within or outside Malaysia.
19. That you may at any time hereafter request for access to, or request for rectification or correction of your Personal Data (subject to payment of fees, if applicable), or limit the processing of your Personal Data by the Releasees, as the case may be, however subject to the exceptions and restrictions as may be contained under the applicable law. If you wish to do so, please contact the Organizer. You may also contact the Organizer if you have any inquiries or complaints in respect of your Personal Data provided to the Releasees. Please note that the Organizer has the right to refuse your request to access and/or make any correction to your Personal Data to the extent permitted under the applicable law.
20. That you understand and agree that the Organizer reserves the right to postpone and/or cancel the Event 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, directive from authorities or for any reason that would affect the safety and security of the participants and spectators of the Event. You hereby agree to release and hold harmless all Releasees should such postponement and/or cancellation occur for any reason whatsoever and you understand that there will be no refund of any payment and loss and damages.
21. That you understand that all fees for the Event are non-refundable and entries are non-transferable. There is no exception to this condition. Once we receive and accept your entry, you shall not receive any refund if you cannot participate in the Event and you may not give or sell your number to anyone else.
22. That you understand and agree that this Agreement is binding on your heirs, assigns, and legal representatives.
23. That for avoidance of doubt, “you” or "your" referred to in this Agreement means and shall include you as an individual or for and on behalf of any person and dog(s) for whom you are registering to participate in the Event.
By agreeing to this disclaimer you acknowledge that we may send event updates and information to your nominated email account. However, we will never share your personal information with any third parties without your consent or notification, except for the event organisers and their related companies and/or where required to by law.