Participant Disclaimer and Indemnity

(This disclaimer and indemnity is written in both Chinese and English.
In the case of discrepancies between the Chinese and English versions, the English version shall prevail.)

In consideration of Tung Wah Group of Hospitals (“TWGHs” or “Organizers”) permitting me to participate in the “TWGHs Halloween Charity Run” and its associated activities in Hong Kong Disneyland Resort on 3 November 2018 (the “Event”), and in consideration of the opportunity to win prizes and collect valuables in connection with the Event, I declare as follows:

1. I am aware that participation in the Event can be physically demanding and can result in accidents, injuries or death or loss. I am entering the Event entirely at my own risk and responsibility. To the fullest extent permitted by applicable law, I hereby release and discharge the Organizers and any other individual, organization or company connected directly or indirectly with the Event or providing services or advices in relation to the Event (including without limitation Hongkong International Theme Parks Limited, Hong Kong Disneyland Management Limited and The Hong Kong Amateur Athletic Association Limited) from any and all losses, expenses, damages, claims, demands, compensation, causes of action and/or other liabilities of every kind and nature, including, without limitation, attorneys’ fees (collectively, “Liabilities”) arising out of or in connection with the Event, including without limitation Liabilities incurred during my training for the Event, during the Event, as a consequence of or while travelling to or from the Event, the collection, retention, transfer and use of my personal data, or the use of credit cards or other electronic gateways for payment.
2. I represent to the Organizers that I am in good health, physically fit and suffer from no physical impairment, illness or defect which might affect my participation that might not be able to complete the Event. I have been advised by the Organizers to consult with my own physician and to obtain his or her opinion as to my ability, fitness and suitability to participate in the Event prior to my participation therein. I declare that I have the skill level required to participate in the Event. I acknowledge that, except as provided in paragraph 5, neither the Organizers have rendered any medical service to me or given any opinion or diagnosis of my physical condition, nor are they authorized to do so. I acknowledge that if I now have, or have any reason to suspect now or at any subsequent time, any physical condition which might limit my ability to participate in the Event, I will or I will at that time again consult my physician and obtain his or her expert opinion as to the appropriateness of my continued participation in the Event. I further represent that if at any time I feel or believe that I am unable to continue participation in the Event, I will immediately discontinue such participation.
3. In consideration of the Organizers permitting the Participants to participate in the Event, and in consideration of the opportunity to win prizes and collect valuables in connection with the Event, I will indemnify and hold harmless the Organizers and any other individual, organization or company connected directly or indirectly with the Event or providing services or advices in relation to the Event (including without limitation Hongkong International Theme Parks Limited, Hong Kong Disneyland Management Limited and The Hong Kong Amateur Athletic Association Limited) from and against any and all Liabilities arising out of or in connection with my participation in the Event, including without limitation, any and all Liabilities in relation to (a) any injury, illness or death suffered by myself or any other person; and (b) any property loss or damage.
4. I have read and understand all terms and conditions set out for this Event, TWGHs, Hong Kong Disneyland Park Rules and Regulations, International Association of Athletics Federations (“IAAF”) Competition Rules and the Official Competition Rules, including, without limitation, the arrangements made by the Organizers (“Rules and Regulations”). I accept and will adhere to all Rules and Regulations that the Organizers may impose from time to time for the Event. I understand that failing to adhere to any such Rules and Regulations will be subject to disqualification as may be determined by the Organizers without compensation or refund of entry fee(s).
5. I agree to receive any necessary medical treatment provided by the Organizers if the circumstances requires.
6. I understand and agree to provide my photo identification document to verify my personal details to the Organizers upon request.
7. I acknowledge that any consultation with a physician as described herein shall be at my own cost and expense.
8. I will immediately advise the Event manager of any unsafe condition that I observe, and will refuse to participate in the Event until all unsafe conditions observed by me have been remedied.
9. I grant the Organizers and any other individual, organization or company connected directly or indirectly with the Event or providing services or advices in relation to the Event (including without limitation Hongkong International Theme Parks Limited, Hong Kong Disneyland Management Limited and The Hong Kong Amateur Athletic Association Limited) (collectively referred to as “Released Parties”) the right to photograph, record and/or videotape me and other persons entering the Event and on whose behalf this online application is submitted) and further to display, edit, use and/or otherwise exploit my name, face, likeness, Event results and standings (as more fully described below), voice, and appearance, in all media, whether now known or hereafter devised, (including, without limitation, in computer or other device applications, online webcasts, television programming (including broadcasts on ESPN platforms), in motion pictures, films, newspapers, and magazines) and in all forms including, without limitation, digitized images or video, throughout the universe in perpetuity, whether for advertising, publicity, or promotional purposes, including, without limitation, publication and use of Event results and standings (including but not limited to name, bib number, if applicable, age, times, if applicable, gender, country of residence, or other Event results), without compensation, residual obligations, reservation or limitation, or further approval, and I agree to indemnify and hold harmless the Released Parties for any Claims associated with such grant and right to use. The Released Parties are, however, under no obligation to exercise any rights granted herein.
10. I hereby declare that the data and information I provide on the online application are correct, true and complete.
11. This Participant Disclaimer and Indemnity is subject to the interpretation of the Organizers which shall be final and conclusive. In the event of dispute in respect of or arising from the Event including the interpretation and application of these terms or any Rules and Regulations, the decision of the Organizers shall be final, binding and conclusive.
12. By submitting the online application, I acknowledge that I have read and understand and I agree that the Organizers and any other individual, organization or company connected directly or indirectly with the Event or providing services or advices in relation to the Event (including without limitation Hongkong International Theme Parks Limited, Hong Kong Disneyland Management Limited and The Hong Kong Amateur Athletic Association Limited) may collect, retain, transfer and use the personal data collected under this online application and in connection with the Event and its associated activities for the purpose of or in connection with the Event (including but not limited to organization, promotion, and publicity of the Event, processing the donation transaction, issuance of receipt and sending of TWGHs fund-raising information, and payment and purchase of entrance fee and merchandises) in accordance with the Personal Information Collection Statement attached to the online application. By checking the “Receiving Event Information” and agree “TWGHs” with the proposed use of personal data box and submitting this online application, I acknowledge that I have read and understand and I agree to the use of personal data for direct marketing purposes in the manner set out in the Personal Information Collection Statement attached to this online application.
13. This Participant Disclaimer and Indemnity constitutes an agreement between the Organizers and each of the Registrants or Participants (as the terms are defined in the Event Terms and Conditions). Except for the individual, organization or company connected directly or indirectly with the Event or providing services or advices in relation to the Event (including without limitation Hongkong International Theme Parks Limited, Hong Kong Disneyland Management Limited and The Hong Kong Amateur Athletic Association Limited), a person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Ordinance (Chapter 623 of the Laws of Hong Kong) to enforce any term of this agreement.