RELEASE OF LIABILITY AND WAIVER (“RELEASE”)
This is an important agreement! By signing it, you are giving up certain rights. PLEASE READ IT
CAREFULLY BEFORE SIGNING
In consideration of the services of XDubai LLC and/or any of its affiliates, their agents, owners,
officers, volunteers, employees, participants, subcontractors, service providers, designees and their
instructors, riggers, directors, agents, and all other persons acting in any capacity on their behalf,
the owners and manufacturers of the Zipline, land and equipment utilized for the activities covered by
this Release, and any other landowners, tenants and sponsors connected with the activities covered by
this Release (hereinafter collectively referred to as “XDubai”) with respect to my participation
(whether simply attending, observing or actively participating) in the XLine project, Zipline, landing
and/or any related activities (herein after referred to as the “
1) RELEASE OF LIABILITY. I hereby fully release and discharge XDubai from
any and all liability, claims, demands or causes of action whatsoever arising out of any damage, loss or
injury to me (whether bodily or emotional), or my property, or my disfigurement, paralysis or death,
while preparing to participate and/or participating in any of the activities covered by this Release,
whether resulting from the negligence or other fault, act or omission, either active or passive, direct
or indirect, of any of XDubai, or from any other cause.
Should I observe any significant hazards during my presence or participation in these programs and
activities covered by this Release, I will remove myself from the activity and notify the nearest
official immediately
2) ASSUMPTION OF RISK. I know and fully understand and accept that my
participation in the XLine Project entails certain known and unanticipated risks and dangers that cannot
be foreseen. I understand that these risks include, but are not limited to: equipment malfunction or
failure to function; defective or negligent design or manufacture of equipment; improper or negligent
operation or use of equipment; carelessness or negligence of riggers, instructors, equipment operators,
and ground crew; extreme weather conditions, falling off of structures, being hit by swinging apparatus,
falling on or being impacted by other participants, hanging from a cable, the possibility that I will be
jolted, jarred, bounced, thrown to and from or shaken, lose my balance or grip, slippery or wet
equipment, becoming entangled in ropes/harnesses, impacting the ground and/or apparatus, displaced
safety equipment, belay or anchor or harness failure, general slips/trips/falls or painful crashes while
using any of the equipment or landing platforms or rope bridges or the premises at large, operating out
of control or beyond my or another participants’ limits, the negligence of other visitors who may be
present, participants giving or following inappropriate advice or move sequences, and my own negligence
or inexperience.. I voluntarily, freely, and expressly choose to incur all risks associated with the
XLine Project and/or the activities covered by this Release, including but not limited to, all risks set
out in this paragraph, and expressly understand that those risks may include bodily, emotional, mental,
and personal injury, damage to property disfigurement, paralysis or death to myself or to third parties.
I voluntarily and freely choose to assume such risks and take all responsibility in respect of such
risks, whether or not described above.
3) PHYSICAL CONDITION. I confirm that I have no physical infirmity or
chronic ailment, injury of any nature and are not under treatment for a physical infirmity or chronic
ailment of any nature and I confirm that I am physically fit and capable of undertaking the activities
covered by this Release.I further confirm that I meet the below requirements before undertaking the
activities covered by this Release:
- Weight between: 45 –100 kg
- Taller than 130 cm
- Good medical condition
- Not pregnant
- Free of existing or recurring injuries
- Not under the influence of drugs, alcohol or any other substances that
impair judgement (e.g. medicine)
- Free from serious physical or mental disorders that would not allow me
to complete the physical and mental tasks asked throughout the ride
- Free from medical conditions that require immediate medical attention
- I agree to abide by the decision of XDubai official or agent regarding
approval to my participation in any activities covered by this Release
4) WAIVER OF CLAIMS AND INDEMNITY. I understand that by signing this
Release, I voluntarily release, forever discharge and agree to indemnify and hold harmless XDubai from
and against any and all losses, claims, demands, or causes of action, or proceedings of any kind and
character, which are in any way connected with my participation in the XLine Project, including such
claims that allege negligent acts or omissions of XDubai. Should XDubai or anyone acting on their
behalf, be required to incur attorney’s costs and fees to enforce this Release, I agree to indemnify and
hold harmless for all such fees and costs.
5) WAIVER OF RIGHTS. I understand that by signing this Release, I am giving
up important legal rights, and it is my intent to do so and I do so of my own free will and with full
acknowledgement of, and agreement to, the terms and conditions in this Release
6) ENTIRE AGREEMENT. I understand this Release contains the entire
understanding and undertaking by me in respect of the activities covered by this Release and the terms
of this Release are contractual and not a mere recital and that XDubai is entitled to rely on this
Release for its benefit.I further understand that this Release can and will be used in court, and that
agreements like this one have been upheld by courts in similar circumstances
7) WAIVER OF CONTRACT DEFENSES. I understand that this Release is a binding
contract pursuant to which I have released any and all claims against XDubai resulting in any way from
my participation in the XLine Project and/or the activities covered by this Release, INCLUDING ANY
CLAIMS CAUSED BY THE NEGLIGENCE OF XDUBAI, as set forth in this Release.
8) NO INSURANCE AVAILABLE. I understand that the activities covered by this
Release are not covered by any accident or general liability insurance policy issued by XDubai and/or
any other third party.
9) CONTINUATION OF OBLIGATIONS. I agree that the terms and conditions of
this Release shall continue in full force and effect now and in the future at all times including
(without limitation) during the period when I participate, either directly or indirectly, in the
activities covered by this Release, ands hall be binding upon myself, executors, administrators,
personal representatives, and/or anyone else claiming on my behalf. This Release supersedes and replaces
any prior agreement between the Release and myself.
10) 360 VIDEO. If the camera equipment does (on the rare occasion)
malfunction or there is a technical glitch that is beyond our control, the incident will be escalated to
Xdubai management for reviewal and the customer may be eligible for a refund of “360 Video” package AED
150 (i.e. the price of the video). Please note, that the decision of the management team will be final.
11) PHOTO & VIDEO RELEASE. For valuable consideration received, I hereby
grant XDubai LLC and its legal representatives and assigns (herein after collectively referred to as the
“Photographer”), the irrevocable and unrestricted right to capture, film, photograph, use and publish
photographs, images or audio-visual clips of me, or in which I may be included, with respect to my
participation in the XLine Project for editorial, trade, advertising and any other purpose and in any
manner and medium and in any jurisdiction, to alter the same without restriction, and to copyright the
same. This includes any and all uses that the Photographer deems are necessary or desirable. I agree
that any images purchased by me from thePhotographer are for personal use only and may not be used for
commercial gain. I hereby release the Photographer from all claims and liability relating to any such
photographs images or audio-visual clips of me
12) JURISDICTION. I agree that this Release shall be subject to the laws of
Dubai and the applicable Federal laws of the United Arab Emirates (the Laws) and the
Laws shall apply to issues involving the construction, interpretation, and validity of the Release, and
that the Laws shall govern any dispute arising from or related to this Release or the activities covered
by this Release. Should this Release be violated and suit be brought against XDubai, I hereby waive my
right to a trial.
WITHOUT LIMITATION, I ACKNOWLEDGE AND AGREE THAT I HAVE CAREFULLY READ THIS RELEASE AND FULLY UNDERSTAND
THAT IT IS A RELEASE OF ALL LIABILITY AND A WAIVER OF ANY RIGHT THAT I MAY HAVE TO BRING A LEGAL ACTION
OR ASSERT A CLAIM FOR INJURY OR LOSS OF ANY KIND AGAINST XDUBAI. IF ANY ATTEMPT FOR CLAIM IS MADE, I
UNDERSTAND I WILL BE RESPONSIBLE FOR ALL DEFENSE COSTS INCURRED BY XDUBAI.
With my signature below, I confirm that I have read the Release, been given the opportunity to ask
questions, considered its effects, understand its content, given true information, and agree fully to
the terms as stated above. OR I confirm that I am the person with parental responsibility for the minor
person whose details are set out below and I execute this Release on their behalf. With my signature
below, I confirm that I have read the Release, been given the opportunity to ask questions, considered
its effects, understand its content, given true information, and agree fully to the terms as stated
above
