All participants must read and sign this document. Please read carefully before signing this Acknowledgement, Waiver, and Release ("this Agreement"). This document has legal consequences, affecting your legal rights and eliminating your ability to bring legal action against MGM Grand Paradise and related entities ("Company") in the future.
In consideration of myself and/or the child/ward represented by me ("Participant") participating in the activities organized by MGM Grand Paradise and related entities or those specified here or other related activities ("the Activity"), I, representing myself and the child/ward, heirs, executors, personal representatives, trustees, and assigns, acknowledge, accept, and agree to the following terms:
- I understand the physical and mental limitations involved in participating in the Activity, including potential risks of death, serious bodily harm, and property damage.
- I and/or any Participant listed below understand the risk of exposure to or infection with diseases by participating in the Activity, leading to severe illness, bodily injury, disability, death, and/or property damage.
- I understand that these risks may be caused or exacerbated by the actions, inactions, or negligence of others.
- I acknowledge that while the Company has taken measures to reduce the risks of harm and disease transmission associated with the Activity, the Company cannot guarantee that I and/or any Participant listed below will not be injured or infected with a disease or other contagious illnesses by participating in the Activity, and participating in the Activity may increase the risk of bodily injury and infection for me and/or any Participant listed below.
- I also understand that the Activity cannot accommodate participants of larger body sizes. The maximum weight for participants is 245 pounds (111 kilograms). The maximum height for participants is 193cm, with a minimum of 90cm.
- Despite these risks, I, on behalf of myself and/or any Participant listed below, voluntarily assume the risks of participating in the Activity and waive, to the fullest extent permitted by law, any claims against the parties released below and any related entities or individuals, and release them from any liability, free from claims for damages resulting from the Company's negligence, actions, or inactions (including active or passive negligence, gross negligence, or intentional misconduct during the Activity).
- I warrant that I and/or any Participant listed below are in good physical health and have not received advice from qualified health professionals against participating in the Activity.
- I certify that I or anyone I represent have not exceeded the weight and height limits at present or at the time of participating in the Activity.
- I hereby declare that if the weight or height of myself and/or any Participant listed below exceeds the maximum limit, we will not participate in the Activity.
- I further declare that if under the influence of alcohol, illegal drugs, or any prescription medication that may affect balance or judgment for myself and/or any Participant listed below, we will not participate in the activity.
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I hereby, on behalf of myself and/or the child/ward, my executor, estate administrator, heirs, next of kin, successors, and assigns, or any other person who may assert rights or sue on my behalf, unequivocally and accurately take the following actions, acknowledging that I take these actions willingly:
(a) I agree to abide by the rules set by the Company.
(b) I agree that before participating in the Activity, I will inspect the structures, facilities, equipment, and areas used, and if I perceive any unsafe conditions, I will notify the supervisors of the activity, facility, or area.
(c) Regarding any death, bodily injury, partial or permanent disability, property loss, medical or hospital expenses, theft, or any damages caused by or related to the participation of myself and/or any participant listed below in the activity or traveling to and from the activity, I hereby waive, release, and discharge the following individuals or entities: MGM Grand Paradise, venue and venue organizers, any sponsors, activity supervisors, employees, event owners, volunteers, all states, cities, counties, or localities organizing or hosting the activity or part of the activity, and the officers, principals, employees, representatives, volunteers, and agents of any of the aforementioned, from all claims, damages, or liabilities, including economic losses, item loss, or theft, even if such claims, losses, or liabilities are caused by negligence. I undertake not to make any claims against the Company or any other released party and forever release and discharge the Company and all other released parties from liability in such claims. This release does not apply to claims for gross negligence, intentional misconduct, or any other liability that cannot be waived by agreement under applicable law.
(d) I assume the risks of participating in the activity, including but not limited to weather impacts (including high temperatures and/or humidity), falls, equipment defects, water hazards, and any dangers that may be caused by spectators or volunteers. I understand and acknowledge these risks, including the risks that may arise from my own actions, the individuals or entities mentioned in section (c), or other individuals or entities' negligence mentioned.
(e) I agree not to file any lawsuits against any individuals or entities mentioned in section (c) for any claims, losses, or liabilities that I waive, release, or discharge here.
(f) I will indemnify and hold harmless the individuals and entities mentioned in section (c) for any damages resulting from (i) my actions or inactions, (ii) the actions, inactions, or negligence of others (including the parties indemnified herein), (iii) the condition of the facilities, equipment, or areas where the activity is conducted, or (iv) any other damages resulting from accidents related to this activity.
(g) If I am injured or require treatment during the activity, I agree to receive necessary treatment. I understand and agree that I am responsible for all costs related to such medical treatment and any associated medical transport and/or evacuation. I hereby release and forever discharge the following released parties from liability and hold them harmless from any claims based on such treatment or other medical services.
(h) I acknowledge and agree that the Company will process the personal data provided by me herein for the purposes of this waiver and release. For the aforementioned purposes, such data may be stored, shared, and transferred to other affiliated companies within the Company group (if applicable), and third parties located inside or outside of Macau (such as agents, service providers, government agencies, etc.).
(i) I agree to use my name and/or likeness for participation in this activity and waive any rights to compensation in the future for the use of my likeness.
(j) I hereby certify that I am over the age of eighteen (18) years and sign on behalf of myself and/or the child/ward named below. - I, representing myself and the child/ward named below, my heirs, executors, estate administrators, personal representatives, and assigns, agree to indemnify and hold harmless the released parties for any and all claims made by any person and to indemnify them and hold them harmless for any and all damages, including those arising from risks associated with purchasing tickets and subsequently participating in the activity or related to any other contagious or infectious diseases, wherever such activities occur, whether such claims are made before, during, or after participation in the activity. My indemnification obligations shall include, but are not limited to, all legal fees and costs incurred by the released parties throughout the entire process, including appeals.
- I understand and agree that I am not relying on the released parties to arrange or provide insurance of any kind related to my visit and/or participation in the activity. I shall be responsible for obtaining any mandatory or required life, travel, accident, property, or other insurance related to my participation in the activity at my own expense.
- I agree that the waivers and indemnities set forth in this statement shall cover all bodily and mental injuries and/or damages, including but not limited to all illnesses and bodily injuries (including death), suffered by myself or any other person before, during, or after my visit and/or participation. Additionally, I agree that the scope of this statement shall include all claims related to my actions and the actions of third parties, whether foreseeable or unforeseeable.
- If any provision of this statement is deemed enforceable and/or invalid under Macau law by a court of competent jurisdiction, the remaining portions of this waiver shall remain in effect and be available for use by the Company and its attorneys in any litigation.
- For all purposes, this statement shall be interpreted in accordance with Macau law, without regard to principles of conflicts of laws. Any litigation or proceedings to enforce this statement shall only take place in Macau courts. Both parties hereby voluntarily and irrevocably submit to the exclusive jurisdiction of the Macau courts and waive any objection to such litigation or proceedings being conducted in Macau courts based on inconvenience.
The released parties refer to MGM Grand Paradise and its respective parent companies, subsidiaries, and other affiliated or related entities, as well as all directors, officers, employees, shareholders, members, agents, contractors, subcontractors, representatives, heirs, assigns, insurers, and volunteers of the aforementioned entities.
I hereby declare and warrant that, by agreeing to this document, I have legal capacity, have read and fully understood its contents, waive substantive rights by agreeing to this document, even if there may have been opportunities for oral modifications, and voluntarily consent to this document. I understand that the terms in this document are contractual and not merely statements. I freely and voluntarily agree to this document without any inducement, assurance, or guarantee.
