February 22nd 2020
Waiver of Liability Agreement
Please carefully read the following Waiver of Liability and Consent Agreement set forth herein.
The terms and conditions set out in this Waiver of Liability Agreement (“Agreement”) apply to all 'competitors' users of the Equipment and Services (“Equipment and Services”) of Doctor Urso's Fitness and Wellbeing ("Ursus"). It shall be mandatory for all entrants to the competition as Patrons of services (“Patrons”) to sign this agreement: those who have not signed the Agreement shall be prohibited from competing and using the Equipment and services.
Entrants must be over 18 years of age.
The Good Health of the Patrons – Representation by Patron
Participation in any sport or physical exercise may result in accidents and/or injury, the risk of which each Patron solely assumes. Each Patron should consult a doctor and undertake appropriate medical examinations before using any of the Equipment and Services.
By using the Equipment and Services, each Patron represents to Ursus that he/she is in good health and does not suffer from any illness or physical impairment that shall prevent him/her from using, or makes it inappropriate for him/her to use, any of the Equipment and Services.
Ursus neither ascertains a Patron’s physical condition or medical fitness before allowing him/her to use, nor renders any health advice, diagnosis or medical services to any Patron with respect to the use of the Equipment and Services (including undergoing strongman circuit training and other forms of physical exercise). Risks include but are not limited to falls resulting in injury or death, injury or death due to improper use of equipment. By signing the waiver, the signee is assuming full responsibility for the risks they are exposing themselves to.
The Inherent Risks of Forms of Physical Exercise
All use of the Equipment and Services and participation with Ursus and other forms of physical exercise (particularly, the use of weight-lifting, strongman, and muscle-building equipment/apparatus in repetition) are at the Patron’s sole risk. Strongman competitions may include activities that are particularly hazardous to you, including but not limited to loading and unloading heavy weights and materials and lifting and carrying heavy implements in your hands or on your back. Patrons are not to use any exercise equipment which is under repair/maintenance, or which is apparently broken or out of normal working order.
Patrons shall indemnify and hold Ursus harmless from all claims which other Patrons – misled by the Patron’s continual use of malfunction or broken equipment, to believe that such equipment is safe and suitable for use – may bring against Ursus for injury, death or loss suffered as a result.
Code of Conduct
You will be required to abide by a courteous and sportsmanlike Code of Conduct. Violation of the Code by you may result in a band from competing in future events.
You must not argue with officials and any disagreements should be made in writing. All forms of verbal abuse or disrespectful behavior will not be tolerated.
Participants and spectators grant Ursus permission to take photographs or videos and use them in any promotional materials or website, without compensation.
Any dispute, controversy, difference or claim arising out of or relating to this Waiver of Liability of Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English language.