Acknowledgment and Assumption of risks & release & Indemnity Agreement

MAYBANK MARATHON & MAYBANK MARATHON ANYWHERE

 

INTRODUCTION

Please read this entire Acknowledgment and Assumption of Risks & Release and Indemnity Agreement (hereafter “Form”) carefully before signing. The adult participant (those 18 yrs. of age or older), or the participant’s legal guardian (for the participant and on his/her behalf), if applicable, must sign this Form. In consideration of the services of PT Bank Maybank Indonesia Tbk. (Maybank Indonesia) and its Maybank Marathon event & Maybank Marathon Anywhere (Virtual Run) herein referred to “MAYBANK MARATHON” in allowing me to participate in this scheduled MAYBANK MARATHON competitive event and related activities (collectively, the “Event”) and other activities, I acknowledge and agree as follows:

 

PARTICIPANT’S AGE REQUIREMENT

Marathon participants must be 18 years old or above. Half Marathon participants must be 17 years old or above. 10K participants must be 15 years old or above. The Organizer has the right to verify age of participants before, during and after the race. Any exceptions to this must be authorized by the Organizer.

 

ACKNOWLEDGMENT AND ASSUMPTION OF RISKS

The Event takes place indoors or outdoors and can include but not be limited to: warm-up exercises; competitive running and/or walking, both in practice and in the Event; demo-ing (trying out) gear; participation in challenges, clinics, training, demonstrations or other games and activities, attendance at any activities, and use of any equipment, facilities or premises (the Event and other activities collectively referred to in this Form as “activities” or “activity”). Activities may be scheduled or unscheduled, mandatory or optional, whether or not authorized and/or conducted by MAYBANK MARATHON, structured or unstructured and include free time. I acknowledge that the inherent and other risks, hazards and dangers (collectively referred to in this Form as “risks”) of these activities can cause injury, damage, death or other loss to participant or others. The following describes some, but not all of the inherent risks, as applicable to participant’s activities:

Risks in any competitive or athletic activity. Training for, practicing or competing in running events involves frequent and repetitive use of the arms and legs, extreme fitness and endurance, and pushing the limits of the participant’s speed and abilities.

Risks present in an outdoor environment. Participants may be subject to: high altitude or mountainous terrain; severe storms or bad weather such as lightning, strong winds, rain, hail, snow and ice; fast moving or deep lakes, oceans or other water bodies; currents or whitewater; extremely hot or cold weather; stinging, venomous and/or disease carrying animals (including marine life) or insects and other natural or man-made hazards. Hazards may not be marked or visible and weather is always unpredictable.

Running risks. These risks include the risk of losing control and falling to the ground, colliding with objects (including parked or moving vehicles and/or bicycles) or people (including co-participants, volunteers, or spectators) on land, tripping or falling down, or encountering other road/trail hazards.

 

Personal health and participation risks. THE RISK OF EXPOSURE TO COMMUNICABLE DISEASE(S), INCLUDING BUT NOT LIMITED TO COVID-19, INHERENTLY EXISTS IN ANY PLACE WHERE PEOPLE ARE PRESENT, INCLUDING BEFORE, DURING, AND/OR AFTER THE EVENT AND ACTIVITIES. MAYBANK MARATHON HAS PUT ENHANCED HEALTH AND SAFETY MEASURES IN PLACE DUE TO THE POTENTIAL SPREAD OF COVID-19 AT ALL EVENT-RELATED VENUES. I MUST FOLLOW ALL INSTRUCTIONS WHILE VISITING ANY EVENT-RELATED VENUE, WHETHER POSTED OR OTHERWISE COMMUNICATED VERBALLY OR IN WRITING. COVID-19 MAY BE CONTRACTED FROM OTHER PERSON(S) (INCLUDING BUT NOT LIMITED TO ANY CO-PARTICIPANT; SPECTATOR; MAYBANK MARATHON STAFF, REPRESENTATIVE, VOLUNTEER, OR CONTRACTOR; AND/OR ANY OTHER PERSON(S)). COVID-19 IS AN EXTREMELY CONTAGIOUS DISEASE THAT CAN LEAD TO SEVERE ILLNESS, PERMANENT DISABILITY, AND DEATH. ACCORDING TO THE WORLD HEALTH ORGANIZATION, SENIOR CITIZENS AND PERSONS WITH UNDERLYING MEDICAL CONDITIONS ARE ESPECIALLY VULNERABLE. BY VISITING ANY EVENT-RELATED VENUE, I VOLUNTARILY ASSUME ALL RISKS RELATED TO EXPOSURE TO COVID-19, SO I MAY PARTICIPATE IN THE EVENT AND THE ACTIVITIES. The risk that a participant’s mental, physical or emotional condition (including any use or abuse of alcohol or prescription or non-prescription drugs), whether disclosed or undisclosed, known or unknown, combined with participation in these activities could result in injury, damage, death or other loss. Although MAYBANK MARATHON may review participant’s medical information, submitted in the registration process, MAYBANK MARATHON cannot anticipate or eliminate risks or complications posed by a participant’s mental, physical (including fitness level) or emotional condition.


Equipment risks. The risk that equipment used in activities may be misused, or may break, fail or malfunction. Participant (and/or the participant’s legal guardian) assumes full responsibility for choosing appropriate equipment and for the fit and condition of the equipment.

Supervision and activities risks. I understand that neither MAYBANK MARATHON nor its staff, representatives, volunteers, contractors or anyone associated with them will be supervising participant during the activities or at any time. Adult participant agrees he/she is solely responsible for his/her own well-being at all times; or, if applicable, a participant’s legal guardian agrees to take soleresponsibility for participant’s supervision before, during and after the Event and other activities, including during free time and at all other times.

 

I understand and agree:

  • All purchases to participate in the Event are NON-REFUNDABLE and NON-EXCHANGEABLE
  • I will review all materials received, accurately complete and agree to the registration information, documents and process, and rules and policies. I will obey all rules and policies, which include the Maybank Marathon Anywhere 2020 Virtual Run Challenge Rules; all information included in the Event-specific athlete information guide and Event-specific athlete briefing session, as each of the foregoing may be amended, from time to time; and all traffic laws.
  • By submitting this entry, I agree to be bound by and comply with all policies, procedures and/or other rules adopted by MAYBANK MARATHON (as may be amended from time to time and at any time by MAYBANK MARATHON), and the authority given to MAYBANK MARATHON under those rules.
  • My final acceptance and participation in the Event is contingent upon MAYBANK MARATHON’s receipt and review of all required information and forms, including this Form;
  • I am fully capable of participating without causing harm to myself or others. I further agree that participating in these activities requires extreme fitness and endurance, that I am solely responsible for my conditioning and fitness before, during and after the activities, and that I, in conjunction with my physician, am responsible for determining whether these activities are appropriate for me, before I participate;
  • MAYBANK MARATHON contracts with individuals or organizations that are independent contractors (not its employees or agents) to provide some of the Event services and to conduct some of the activities participants will engage in. I acknowledge that MAYBANK MARATHON does not supervise or control these independent contractors and is not legally liable or responsible for their conduct. In addition, activities take place on premises or at facilities not owned or controlled by MAYBANK MARATHON, and MAYBANK MARATHON does not oversee or take responsibility for any aspect or condition of these independent facilities or premises;
  • The information provided in this Form is not exhaustive, other unknown or unanticipated activities, inherent or other risks and outcomes may exist, and MAYBANK MARATHON cannot assure my safety or eliminate any of the risks. I understand I can and should consult MAYBANK MARATHON representatives if I have further questions about the activities or the associated risks; and
  • I am voluntarily participating with knowledge of the risks. Therefore, I assume and accept full responsibility for myself, for the inherent and other risks (both known and unknown) of the activities, and for any injury, damage, death or other loss I may suffer, resulting from those risks, including but not limited to the risk of my, a co-participant’s, a Released Party’s, a spectator’s, a volunteer’s and/or a third party’s passive or active negligence or other misconduct.

 

RELEASE AND INDEMNITY

Please read carefully. This Release and Indemnity section contains a surrender of certain legal rights. I hereby acknowledge and assume all of the risks of participating in the Event and agree as follows:

  • To release and not to sue MAYBANK MARATHON, Event sponsors, Event organizers, Event promoters, Event producers, race directors, Event officials, Event staff, advertisers, administrators, contractors, vendors, volunteers, and all property owners and state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations where the activities take place, and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, contractors and representatives and all other persons or entities associated or involved with the activities (individually and collectively referred to in this Form as the “Released Parties”), with respect to any and all claims, liabilities, suits or expenses (including attorneys’ fees and costs) (collectively referred to in this Form as “claim” or “claim/s”) for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activities, including use of any equipment, facilities or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; any breach by the Released Parties of statutory duty; and/or losses resulting from the inherent or other risks of the activities. I understand I agree here to waive all claim/s I may have against the Released Parties and agree that neither I, nor my estate, heirs, assigns or beneficiaries nor anyone else acting on my behalf, will make a claim against the Released Parties for any injury, damage, death or other loss I may suffer; and
  • To defend and indemnify (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claim/s brought by or on behalf of me, my spouse, a family member, a co-participant or any other person, for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrollment or participation in the activities, including without limitation use of any equipment, facilities or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty; and/or losses resulting from the inherent or other risks of the activities.


This Release and Indemnity section includes but is not limited to claim/s for personal injury or wrongful death (including claim/s related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim, including claim/s resulting from the negligence of Released Parties, whether passive or active.

 

OTHER PROVISIONS

I understand and agree:

  • Any dispute or claim/s I (or my child) may have arising out of, relating to or in connection with this Form, my (or my child’s) enrollment or participation in the activities, or any other aspect of my (or my child’s) relationship with MAYBANK MARATHON: 1) shall be governed by Indonesian law  and 2) unless settled by direct discussions, shall be determined by binding arbitration as the sole and final remedy for all matters in dispute, administered by the District Court. Arbitrator/s knowledgeable in the field and in commercial matters, acceptable to both the participant and MAYBANK MARATHON, shall conduct the arbitration. Required Venue & Language: I agree that any arbitration proceeding, or any suit or other proceeding must be filed, entered into and/or take place only in Indonesia and must be conducted solely in Bahasa Indonesia
  • If I am signing as the participant’s legal guardian, I have the legal authority to act for the participant and on his/her behalf. If my guardian status is challenged or found invalid, I will defend and indemnify the Released Parties, to the fullest extent allowed by law and per the provisions of this Form, just as if I were the participant’s lawful legal guardian.
  • In regard to my relationship with MAYBANK MARATHON, I agree that the contents of this Form will take precedence over any other forms or contracts I may sign (for parties other than MAYBANK MARATHON) in connection with these activities.
  • In no event may I (or anyone else on my behalf) without the prior written consent of PT BANK MAYBANK INDONESIA TBK (Maybank Indonesia): (a) use any intellectual property of Maybank Indonedia and/or its affiliates, including, but not limited to, Maybank Marathon and Maybank Marathon Anywhere and/or any words or marks that refer to, or are suggestive of, or confusingly similar to, the Event, any Event logo, Event name, Event location, Event date, or Event race distance (collectively, “Event IP”), or (b) sell, market, distribute, or produce any products, events, merchandise, websites, or services that are the Maybank Indonesia and Maybank Marathon Event-branded, or branded or marked using (i) any Event logo, (ii) any Event name, (iii) any Event IP, or (iv) or any Maybank Indonesia IP (including without limitation the word “Maybank” or any foreign translation thereof as a prefix for, or component of, any race, event, trade name, trademark, organization name, club name, or brand of any kind, in each case in any way related to triathlon, triathletes, training, coaching, or any endurance sports).
  • I authorize and consent to MAYBANK MARATHON staff, representatives or contractors to conduct such public health safety screening activities at Event-related venues by methods selected by MAYBANK MARATHON. While participating in the Event, I agree to comply with any public health and/or safety directions of MAYBANK MARATHON staff, representatives or contractors; police; or government or health authorities.
  • MAYBANK MARATHON reserves the right, in its sole discretion, to dismiss any participant from the activities, to deny or revoke entry of any applicant at any time, and/or to disqualify participant from the Event. If my entry application is denied or revoked, I agree MAYBANK MARATHON is not responsible for costs incurred or damages suffered by me or my family in excess of the amount of the entry fee.
  • I acknowledge and agree that MAYBANK MARATHON, in its sole discretion (whether for safety reasons, legal reasons, or any other reason), may: (a) at any time, with or without notice, change or modify the race course, distances, routes, elevation, ascents, difficulty level, or any other race-course or Event aspect; or (b) delay or cancel the Event (or any leg(s) of the race) if it believes the conditions are unsafe or otherwise unsuitable for the Event. If the race course or Event is changed, modified, delayed, or cancelled for any reason, including but not limited to acts of God or the elements (including without limitation, wind, rough water, rain, hail, hurricane, tornado, earthquake), acts of terrorism, fire, threatened or actual strike, labor difficulty, work stoppage, insurrection, war, public disaster, public health risks, flood, unavoidable casualty, race course conditions, or any other cause beyond the control of MAYBANK MARATHON, there will be no refund of MAYBANK MARATHON’s entry fee or any other costs incurred in connection with the Event.
  • I grant to MAYBANK MARATHON, its affiliates, designees, assignees, and sponsors the right and permission to photograph, film, record and/or otherwise capture in any media the name, image, voice, written statement, photograph and/or visual likeness of me and/or my family members (collectively “images”), with right to sublicense, during the activities or otherwise, without compensation, for use for any purpose and in any media throughout the world in perpetuity, including but not limited to use in broadcasts, photographs, publications, podcasts, webcasts, motion pictures, brochures, CDs, DVDs, internet websites, social media, television, and/or in any related commercial, informational, educational, advertising, or promotional materials. I understand that all ownership and copyright rights in the images will be owned by MAYBANK MARATHON, its assignees, or its designees, and I waive any inspection or approval rights. I understand and agree that my name, bib number and race results will be available to the public during and after the Event.
  • MAYBANK MARATHON may assign this Form to other entity/s or individual/s (“assignees”) at any time, and any such assignment will grant assignees the full rights and protections accorded in this Form, consistent with MAYBANK MARATHON’s and other Released Parties rights and protections under this Form.
  • To the extent MAYBANK MARATHON permits my Event registration to be transferred to another race event, I acknowledge and agree that this Form will be deemed applicable to such other race, mutatis mutandis.
  • This Form is effective in regard to participant’s enrollment or participation in the activities from the date signed through the completion of all activities, and this Form will remain in full force and effect following completion of all activities.
  • This Form is intended to be interpreted and enforced to the fullest extent allowed by law. If any portion of this Form is deemed unlawful or unenforceable, it will not affect the enforceability of the remaining provisions, and those remaining provisions will continue in full force and effect.

 

CERTAIN OTHER TERMS AND CONDITIONS FOR EVENT-RELATED MERCHANDISE & MATERIALS

I understand, acknowledge and agree:

  • Event-related merchandise and materials (e.g., medals, t-shirts, etc.), if any, will be shipped to the participant’s physical mailing address approximately forty-five (45) days from order date unless otherwise stated differently
  • Participant has provided to MAYBANK MARATHON an accurate and current physical mailing address for purposes of receiving Event-related merchandise and materials (e.g., medals, t-shirt, etc.);
  • For purposes of tracking and receiving packages from MAYBANK MARATHON, participant may receive tracking information via email from MAYBANK MARATHON. Participant has provided to MAYBANK MARATHON an accurate and current email address and has checked participant’s applicable email settings for purposes of confirming that MAYBANK MARATHON’s tracking emails are not going to a "spam/junk" folder;
  • MAYBANK MARATHON does not provide a "Signature Required" option with respect to Event-related shipments; and.
  • It is the responsibility of the participant to receive Event-related shipments and packages. MAYBANK MARATHON is not responsible for packages left unattended and/or stolen.

 

I agree: I have carefully read, understand and agree to voluntarily sign this Form and understand that by doing so I am entering into a legally binding contract with MAYBANK MARATHON. I acknowledge that this Form will be effective and legally binding upon me (and if I am participant’s legal guardian, participant), and my/participant’s spouse, children and other family members, and my/participant’s heirs, executors, representatives, subrogors and estate.