In consideration of participating as a member of Pho3nix Club in the Migration Gravel Race (the “Event”), as organised by Gravel Earth Series (the “Organizer”), and “Pho3nix Club”, as operated by Mana Global Pte Ltd in collaboration with the Pho3nix Foundation, I, the undersigned, hereby agree to the following:
1. Release and Hold Harmless: I hereby release, waive, discharge, and covenant not to sue Mana Global Pte Ltd (hereinafter referred to as “Mana”) and “Pho3nix Foundation”, and their affiliates, directors, officers, employees, agents, volunteers, successors, and assigns (collectively, the “Released Parties”), from any and all liability, claims, demands, losses, or damages (collectible damages, general damages, consequential damages, or otherwise) on my account, or on behalf of any other person, which may arise out of, relate to, or in any way be connected with my participation in the Event, including, but not limited to, any injury, death, or property damage resulting from:
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My negligence or the negligence of others.
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The condition of the Event course, facilities, or equipment.
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The actions or inactions of the Organizer, other participants, spectators, or animals.
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Acts of God, nature, or terrorism.
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Travel to, from, or during the Event.
2. Assumption of Risk: I acknowledge that participating in the Event and Pho3nix Club involves inherent risks, including, but not limited to, the risks of:
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Serious personal injury, including paralysis or death.
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Exposure to the elements, including extreme heat, cold, and altitude.
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Encountering wild animals.
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Equipment failure.
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Medical emergencies.
I voluntarily assume all such risks associated with my participation in the Event and Pho3nix Club.
3. Medical Authorisation: I authorise the Released Parties to secure medical treatment for me in the case of an emergency. I agree to pay for all costs associated with such treatment.
4. Medical Condition: I represent and warrant that I am in good health and physically fit to participate in the Event and Pho3nix Club. I further acknowledge that I have consulted with a physician regarding my fitness to participate in this demanding event.
5. Binding Effect: This Waiver and Release of Liability shall be binding upon and inure to the benefit of the undersigned and his/her heirs, assigns, and personal representatives.
6. Governing Law: This Waiver and Release of Liability shall be governed by and construed Singapore.
7. Severability: If any provision of this Waiver and Release of Liability is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
8. Imagery: I permit Mana Global Pte Ltd and Pho3nix Foundation to use photos and video footage of me captured during the Migration Gravel Race to promote and market the Pho3nix Club and Pho3nix Foundation projects. I understand that my image and these photos and video footage may be used in marketing materials for Mana to showcase their work. I permit these photographs and footage of my image to be used in full, or any edited form for promotional and marketing purposes in print, electronic and digital publications, on the Pho3nix Club, Pho3nix Foundation or Mana websites, and social media platforms.
I waive any rights and claims, present and future, to any fees, royalties or other benefits whatsoever for or in connection with the use of the images.
9. Entire Agreement: This Waiver and Release of Liability constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.