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I, the Participant, agree that I have a current FIM License and hereby acknowledge and agree to the terms and conditions outlined in this waiver and risk acknowledgment form by Hard Enduro Promotions Marketing Management LLC for my participation in the FIM Hard Enduro World Championship (“HEWC”). I hereby agree as follows:

  1. Assumption of Risks:

I acknowledge that I am aware of the risks involved in participating in the HEWC, including but not limited to:

  • Physical injuries from falls, collisions, or crashes.
  • Exposure to extreme weather conditions such as heat, cold, rain, and wind.
  • Terrain-related hazards including but not limited to rocks, mud, water crossings, and steep inclines.
  • Mechanical failures of my motorcycle or other equipment.
  • Limited access to medical care and the potential for delay in obtaining medical treatment in remote areas.
  • Risks associated with strenuous physical activity and the potential for overexertion or fatigue.

I voluntarily assume all such risks, whether known or unknown, foreseeable or unforeseeable, and accept full responsibility for any injury, damage, loss, or expense that I may suffer as a result of my participation in the event.

  1. Release and Waiver of Liability:

I hereby release, discharge, and hold harmless the event organizers, their affiliates, sponsors, partners, officials, volunteers, and all related personnel (collectively, the “Released Parties”) from any and all claims, liabilities, damages, or demands arising out of or in connection with my participation in the event, including but not limited to:

  • Personal injury, illness, or death.
  • Property damage or loss.
  • Economic loss or consequential damages.

This release and waiver of liability applies to any and all claims, whether based on negligence, breach of contract, breach of statutory duty, or otherwise, including those claims arising from the acts or omissions of the Released Parties.

  1. Indemnification:

I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including attorney’s fees, arising out of or related to my participation in the event, including but not limited to:

  • Any negligent or intentional act or omission by me.
  • Any breach of this waiver and risk acknowledgment form by me.
  • Any claim brought by a third party arising out of my actions during the event.
  1. Insurance and Medical Treatment:
    • I acknowledge that I am responsible for maintaining adequate insurance coverage for my motorcycle, personal liability, and medical expenses. I confirm that my insurance policy covers off-road motorcycle events and provides sufficient coverage for the risks associated with this event.
    • In the event of any injury or medical condition that may arise during the event, I authorize the event organizers and their representatives to obtain or provide medical treatment as deemed necessary. I understand that I am responsible for any costs associated with such medical treatment and that the Released Parties are not obligated to provide medical care or transportation.
  2. Compliance with Rules and Regulations:

I agree to comply with all the rules, regulations, instructions, and decisions of the event organizers and officials. I understand that failure to comply may result in disqualification from the event without refund. I acknowledge that the HEWC is governed by the rules and regulations of the Fédération Internationale de Motocyclisme (FIM).

  1. Code of Conduct:

I agree to conduct myself in a respectful and sportsmanlike manner throughout the event. I will not engage in any illegal activities, use illegal substances, or exhibit reckless behaviour that could endanger myself or others. I acknowledge that failure to adhere to the code of conduct may result in my disqualification and removal from the event.

  1. Photographic and Video graphic Release:

I grant the event organizers and their authorized representatives the right to use any photographs, videos, or other media captured during the event, including my likeness, for promotional purposes without compensation. I waive any right to inspect or approve the finished product wherein my likeness appears.

  1. Severability:

If any provision of this waiver and risk acknowledgment form is found to be unenforceable or invalid, such provision shall be severed from this form and the remaining provisions shall be enforceable to the fullest extent permitted by law.

  1. Governing Law:

This waiver and risk acknowledgment form shall be governed by and construed in accordance with the laws of Dubai UAE. Any disputes arising out of or related to this form or the event shall be subject to the exclusive jurisdiction of the courts of Dubai UAE.

  1. Data Collection and Privacy:
    • Personal Data Collection:

By signing this waiver form, I acknowledge and agree that the HEWC promoter, event organizers, their affiliates, sponsors, and partners may collect, store, and process my personal information, including but not limited to my name, date of birth, address, email address, phone number, emergency contact details, medical information, and any other information provided by me during registration or participation in any HEWC event.

  • Purpose of Data Collection:

The collected personal data will be used for the following purposes:

  • Event registration and administration.
  • Ensuring participant safety and providing medical assistance if necessary.
  • Communication related to the event, including updates, notifications, and emergency information.
  • Compliance with legal and regulatory requirements.
  • Promotion and marketing of HEWC events, including the use of photographs and videos as specified in the Photographic and Videographic Release section.
    • Data Sharing:

I understand that my personal data may be shared with third parties involved in the organization and execution of the event, including medical personnel, insurance providers, and regulatory authorities, to the extent necessary to fulfil the purposes outlined above. Additionally, the event organizers may share any and all pertinent data with all partners and sponsors for the purpose of increasing sponsorships and/or finding new partners in the future.

  • Data Security:

The HEWC promoters are committed to protecting the privacy and security of my personal data. Appropriate technical and organizational measures will be taken to ensure that my personal data is secure and protected against unauthorized or unlawful processing, accidental loss, destruction, or damage.

  • Data Retention:

My personal data will be retained for as long as necessary to fulfil the purposes outlined in this clause, or as required by law. After this period, my data will be securely deleted or anonymized.

  • Rights of Data Subjects:

I have the right to request access to, correction, or deletion of my personal data held by the HEWC promoters. I may also object to the processing of my personal data or request the restriction of such processing. To exercise these rights, I can contact the HEWC promoter at info@fim-hardenduro.com.

  • Consent:

By signing this waiver form, I consent to the collection, use, processing, and sharing of my personal data as described in this Data Collection and Privacy clause.

HEWC promoter, event organizers or authorized third parties, will be entitled to collect technical performance data (e.g. speed, airtime, G-forces and positioning data) and to use such data as defined above, unless the collection of such technical performance data could affect the sporting result. Personal data (e.g. heart rate and similar data) will only be collected and used after my explicit consent.

  • Withdrawal of Consent:

I understand that I may withdraw my consent to the collection and processing of my personal data at any time by contacting the HEWC promoters. However, I acknowledge that withdrawing my consent may affect my ability to participate in the event

  1. Acknowledgment of Understanding:

I have read this waiver and risk acknowledgment form, fully understand its terms, and acknowledge that I am giving up substantial rights by signing it. I sign this form voluntarily and without any inducement or assurance of any nature.