TERMS AND CONDITIONS
CLAUSE 1 Purpose
1.1 These Terms and Conditions (hereinafter “Agreement”) govern the relationship between Sports & Action Sport Facilities Management Establishment (hereinafter “Sports in Action”) and Participant registered to undertake the activities provided by Sports in Action.
CLAUSE 2 Activity Fee
2.1 Participant shall pay to Sports in Action in cash or by cheque made payable to “Sports & Action Sport Facilities Management Est.” for the activity for which Participant registers the total sum indicated in the registration form as fee inclusive of all tax and/or duty. A charge of AED 50 (fifty Dirhams) will apply for cheques returned/bounced to Sports in Action.
CLAUSE 3 Venue, Start and End Time
3.1 Participant will be given written details of the following: (a) activity for which participant registered; (b) number of sessions of activity; (c) venue at which the activity will take place; (d) day on which the activity will take place; and (e) start and end time of activity.
3.2 It is Participant’s responsibility to travel to and from the venue for activity organized by Sports in Action.
3.3 Entry into the venue may not be permitted where Participant arrives 15 minutes after the start time.
3.4 Sports in Action shall impose upon Participant a charge of AED 50 for every 30 (thirty) minutes spent at the venue calculated from 15 (fifteen) minutes after the end of the activity. Such charge is payable immediately upon the Participant leaving the venue.
CLAUSE 4 Term of Agreement
4.1 This Agreement shall come into force on the Effective Date and continue in force and effect until the date of the last session of the activity as informed to Participant in writing (“Term”), unless terminated in accordance with the provisions of this Agreement.
CLAUSE 5 Cancellation, Change of Activity and Refund
5.1 Sports in Action is at liberty to cancel activity for any reason and Participant will be informed in writing and will be given a choice to have a refund or change to another activity, subject to availability.
5.2 Cancellation by Participant of any registered activity is not permitted.
5.3 At the discretion of Sports in Action, refund may be given following written reasoned request by the Participant. A credit note may be issued to the Participant.
5.4 Refund will be by cheque and payable within 30 (thirty) days from the date such refund is due. A credit note may be issued to the Participant in the event of injury or illness of a Participant evinced by relevant document from medical practitioner.
CLAUSE 6 Photography and Videography
6.1 Participant shall not object, unless done so in writing at the time of registering the Participant for the activity, to the use of photography or videography during activities and for the material to be used by Sports in Action for marketing and promotional purposes.
CLAUSE 7 Mutual Obligations
7.1 The Parties agree that they will act in good faith towards each other throughout the Term.
7.2 Parties must inform each other in writing of any change that affect this Agreement.
7.3 Parties must at all times provide each other with reasonable necessary assistance and information, to co-operate with each other and execute and deliver to each other such instruments and documents and take such action as may reasonably be requested of it in order to carry out, evidence and confirm the purpose and operation of this Agreement.
CLAUSE 8 Liability and Indemnity
8.1 Each Party shall hold harmless and indemnify the other against any damage to property or death or injury arising from the performance of this Agreement, including for an act or omission of gross negligence.
8.2 The total aggregate liability for each Party in respect of any direct loss, damage or claim arising out of this Agreement is limited to the total fee paid for the activity. However, liability relating to:
a) Death or personal injury;
b) Breach of confidentiality information and intellectual property rights; or
c) Act and/or omission giving rise to criminal liability (i.e. Dishonesty, fraud or negligence)
Shall be determined in accordance with the law governing this Agreement.
CLAUSE 9 Termination
9.1 Either Sports in Action or Participant may terminate this Agreement by serving written notice upon the other committing a material breach and failing to remedy it within a reasonable time agreed in writing.
9.2 Sports in Action may, on 30 (thirty) days’ written notice, terminate this Agreement for convenience. In such event, Participant will be entitled to refund, subject to deduction of fee for the period of participation in activity, if applicable.
CLAUSE 10 Behaviour
10.1 At all times, Participant must behave in a respectable manner and follow the rules and instructions given by those supervising or managing the activity. Sports in Action may exclude from the activity, temporarily or permanently, a Participant who is given verbal warning three times for not following rules and instructions, or who is given reasoned written warning for: (i) harassment; (ii) verbal or racial abuse; (iii) threatening behaviour; (iv) criminal damage; (v) vandalism; (vi) noise nuisance; (vii) graffiti; (viii) smoking; (ix) drinking alcohol; or (x) substance use.
CLAUSE 11 Communication between Sports in Action and Participant
11.1 Any notice required to be given by a Party to the other shall be in writing and shall be served by sending the same by courier, receipt email, facsimile or by delivering the same by hand to the address of the Party as set out below:
Sports in Action
Mr. Motasem Al Hajeb
Sports & Action Sport Facilities Management Est.
Zayed The First Street, Khalidya
PO Box 45496
Abu Dhabi, United Arab Emirates
M: +971 (0) 50 681 7781 | E: firstname.lastname@example.org
CLAUSE 12 Assignment
12.1 Sports in Action has the right to assign or otherwise transfer any of its rights under this Agreement without the consent of the Participant, subject to Sports in Action ensuring that the rights of Participant under this Agreement are not affected in any manner.
CLAUSE 13 Force Majeure
13.1 The occurrence of a Force Majeure event shall relieve Sports in Actions of its obligations hereunder for as long as the event lasts. A Force Majeure event is: fire, mobilization, requisition, war, flood, explosion, embargoes ratified by the united nations, acts (or the failure to act) of the government, currency restriction, insurrection, acts of god, and any event beyond the control and without the fault or negligence of Sports in Action.
13.2 Upon the occurrence of a Force Majeure event, Sports in Action shall notify Participant in writing as soon as reasonably practicable.
CLAUSE 14 Insurance
14.1 The Participant is obliged to have mandatory health insurance, proof of which must be submitted to Sports in Action upon registration.
14.2 The Parties will, if necessary, obtain all mandatory insurance for any all activities mentioned herein and Personnel including, but not limited to, employer liability insurance; public liability insurance; product liability insurance; and professional indemnity insurance.
14.3 Where Sports in Action subcontracts this Agreement, it will ensure that any subcontractor also obtains and maintains the necessary insurance policy mentioned in this Clause.
14.4 Upon request a Party and any subcontractor thereto shall provide evidence of relevant insurance policy to the others.
CLAUSE 15 Waiver
15.1 No waiver or abandonment by a Party of any of its rights in this Agreement shall be binding on that Party unless it is in writing and signed. Any such waiver or abandonment shall be effective only in the specific instance and for the purpose given.
CLAUSE 16 Confidentiality
16.1 This Agreement is confidential between the Parties and shall not, without the prior written consent of the other Party, be disclosed by a Party in whole or in part, including its existence, except in so far as may be necessary for a Party to carry out its obligations hereunder. Suspension or termination of this Agreement, or if a Party ceases to be part of the Agreement, will not release the Parties from their obligations under this Agreement.
CLAUSE 17 Compliance with Governmental and Non-Governmental Requirements
17.1 Sports in Action represents that it has in place all the necessary legal and regulatory approval, authorisation, assurance and waiver, or that at its cost, will obtain the same.
17.2 The Participant must comply with governmental and non-governmental requirements regarding COVID-19 precautionary measures and restrictions. Sports in Action is not responsible for any violations caused by the Participant.
CLAUSE 18 Governing Law and Dispute Resolution
18.1 This Agreement shall be governed by and construed in all respects in accordance with the laws of the Emirate of Abu Dhabi and the federal laws of UAE.
18.1.1 Any dispute arising out of or in connection with this Agreement, if not amicably resolved, shall be finally settled under the rules of arbitration of Abu Dhabi Commercial Conciliation and Arbitration Centre (“ADCCAC”). A single arbitrator appointed by ADCCAC shall sit in Abu Dhabi, UAE. Each Party shall bear its own cost for arbitration.
18.1.2 A dispute pending resolution shall not release a Party hereto from fulfillment of its obligations not subject of the dispute, unless the Agreement is terminated by the dispute.
CLAUSE 19 Severability
19.1 Any provision of this Agreement that is held to be invalid, illegal, or unenforceable, shall not in any way affect the remaining provisions.
CLAUSE 20 Survival of Agreement
20.1 A term of this Agreement intended by its nature to extend beyond its expiration or termination will be preserved by the Parties, their successors and assignees.
CLAUSE 21 Language
21.1 English shall be the language of this Agreement including for dispute resolution.
CLAUSE 22 Entire Agreement
22.1 This Agreement is executed in English and comprised of the preamble, articles 1 to 22 which constitutes the entire Agreement between the parties as to the subject hereof.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be entered into on: