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1.1. These General Terms and Conditions (hereinafter referred to as the ‘Terms and Conditions‘ or ‘contract‘) contain the general terms and conditions of service and contract for the use of the https://dubai.windrises.com/ website operated by WIND RISES WATER SPORTS TRAINING SERVICES L.L.C. (registered office: Shop 24&25, Marina Cubes Street, Port Rashid, Dubai, Trade License 1118837) as the rights owner or service provider (hereinafter referred to as the ‘Service Provider’). Unless otherwise agreed in writing, these Terms and Conditions apply to the offers made by the Service Provider on the website related to the organization of group sailing training, walks, as well as services related to the organization of amateur sailing competitions (regattas) in the appropriate class of sailing yachts hereunder.
1.2. The contract is concluded between the parties subject to the following two conditions together: - when a visitor subscribes to any of the Service Provider’s services, initiates an option/reservation, registers for a tour/training or orders one and - when a visitor pays for their services in accordance with clause 3.2. of these Terms and Conditions. The provisions of the Terms and Conditions shall be valid and effective for the Parties from the moment when receipt of funds to the service provider 's bank account or when receipt of funds in cash, and after that the visitor becoming a Client (hereinafter referred to as ‘Applicant’ or ‘Client’). By submitting the application, the Applicant acknowledges and accepts the General Terms and Conditions issued by the Service Provider and Privacy Policy.
1.3. Please only use our services if you agree to all the points of these Terms and Conditions, and consider it binding on you. The language of the contract is English, the contract concluded does not constitute a written contract. This document will not be filed and will be concluded in electronic form only.
1.4. Data of the Service Provider
The Service Provider: WIND RISES WATER SPORTS TRAINING SERVICES L.L.C.
The Service Provider’s website: https://dubai.windrises.com/
Service Provider’s registered office Shop 24&25, Marina Cubes Street, Port Rashid, Dubai
License No.: 1118837
The contact details of the Service Provider, its regularly used e-mail address for communication with its clients: hello.dubai@windrises.com
Phone: +971581065026
2.1. The General Terms and Conditions set out and governed by this document are valid from August 23, 2023 until revoked or amended again. The Service Provider may amend this Terms and Conditions at any time. In case of amendments, the Service Provider shall publish the corresponding information on the official website https://dubai.windrises.com/ and notify the Client thereof by email. Any amendments will come into force within five (5) days from the date of publication of the amended Terms and Conditions. If the Client does not consent to the amendments to the Service Provider, the Client may refuse to perform the amended Terms and Conditions, and the Service Provider must return the undrawn advance payment to the Client. If the Client continues to use the Service Provider 's services after the expiration of the said period, the Client shall be deemed to have accepted the amended Terms and Conditions.
2.1. The content of the website and the services, products and written and oral information that can be purchased through it and the information that can be purchased or received at events, as well as the content and design, are protected by copyright of the Service Provider. Based on the above, the sale, alteration in any form, adaptation, reproduction and republication of information and articles from the Service Provider is prohibited. The Service Provider reserves all further rights in relation to the material detailed above and protected by copyright, and will enforce them in court if necessary.
Availability: The services, related products and information purchased on the Service Provider’s website are available to the Client against payment of the purchase.
3.1.1. The services available on the website include services related to the organization of group sailing training, walks, as well as services related to the organization of amateur sailing competitions (regattas) in the appropriate class of sailing yachts hereunder (hereinafter ‘Events’ or ‘Training’).
3.1.2. Clicking on the name of the Event on our websites will bring up the details of the Event, as well as the booking/registration/ordering interface for the Event concerned.
3.1.3. By completing the booking/registration/order form on the website and clicking on the ‘Book’ ‘Register’ or ‘Order’ button, the Applicant can register for the Event of their choice.
3.1.4. In case of failure to complete the mandatory fields, a request for completing them will appear below the relevant field.
3.1.5. By submitting the application, the Client accepts the provisions of these Terms and Conditions and will receive a confirmation e-mail to the e-mail address provided by the Client about the application and payment details. At the same time as accepting the Terms and Conditions, the Client also agrees that in the future the service provider may send him letters informing him of additional services, products and other valuable content.
3.2.1. Participation in the Events detailed above is conditional upon the completion of a booking/registration form, providing accurate information, and the payment of a 100% advance (hereinafter the ‘Advance’).
3.2.2. Event fees can be paid using the payment methods available on the booking/registration forms. The payment methods available may vary from event to event. The Client shall pay for the Service Provider's Services in cash or by wire transfer by paying the cost of Event or several Events. For information on the current entry fees and conditions for each Event, please visit the relevant Event on the website.
3.2.3. The Service fee shall be published by the Service Provider on the website https://dubai.windrises.com/.
3.2.4. The Service Provider shall commence the provision of the Services upon receipt of the Service fee. The Service Provider will also charge the Client VAT and other taxes as required by UAE law on the invoice date (if applicable).
3.2.5. The Service Provider shall fulfil its obligation to invoice for its services by means of an electronic invoice, which shall be sent to the e-mail address provided by the Applicant upon receipt of the payment and which is due for payment not later than 1 calendar days after the Client’s receipt of the electronic version of such an invoice.
3.2.6. The Applicant is not obliged to accept the electronic invoice. However, the Service Provider is obliged to fulfil the Applicant’s request for a paper invoice only if the Applicant gives written notice to the Service Provider prior to ordering the Event.
3.2.7. All payments will be confirmed by email.
3.2.8. The Service Provider may change the price of the Services unilaterally.
If changes are made, the Service Provider shall notify the Client by any means in accordance with Clause 8.1. hereof. A unilateral change in the fee of services already paid for is not allowed.
4.1. By accepting this Terms and Conditions, the Client confirms that:
4.1.1. On the date of the Event, the Client is 18 years old; has no health restrictions that prevent him/her from being on a sailing ship, both related and not related to diseases (persons with such restrictions, including any period of pregnancy, are not allowed on board); has no diseases and pathological conditions that prevent admission to physical training and sports; if there are any circumstances specified in this paragraph, the Client undertakes to refrain from accepting this Terms and Conditions.
4.1.2. The Client has read and undertakes to comply with the Training and Safety Rules (Appendix 1 hereto) and Boating Safety Guide on the link https://dmca.ae/Data/Files/RegulationEn/Safety%20Guide_ENG_final.pdf.
4.1.3. The Client is informed about the need to undergo a medical examination before attending the Event, since the Client is personally responsible for his/her health. The Client understands that failure to submit or submission of false information about the state of his or her health, attendance of trainings during the period of acute or exacerbation of a chronic disease may lead to deterioration of health and releases the Service Provider from responsibility for deterioration of his or her health resulting from participation in trainings during the period of acute or exacerbation of a chronic disease, as well as from failure to submit or submission of false information about the state of his or her health. The Client confirms that there are no medical contraindications for attending training sessions.
4.1.4. The Client understands that Training involves significant risks of injury of varying severity. Despite the fact that compliance with the Training and safety, the use of special equipment and personal discipline can significantly reduce these risks, however, the risk of injury remains. The Client is aware that the sports event is a sport that can lead to injury.
4.1.5. The Client knowingly and voluntarily assumes responsibility for the risks specified in Clauses 4.1.3 and 4.1.4, as well as any other risks, including unknown and those within and beyond the Client's control. The Client assumes full responsibility for his/her participation in the Events.
4.1.6.The Client acknowledges that he/she can only participate in the Event if he/she has sufficient swimming knowledge and his/her physical and mental (health) condition is suitable for Training. Training under the influence of drugs, alcohol or other psychotropic substances is prohibited.
4.1.7. The Client acknowledges that any legal liability, damages, penalties and other harmful consequences resulting from the violation of the generally expected standards of conduct, the instructions of the Service Provider and the rules of navigation shall be the sole responsibility of the Client who caused them.
4.1.8. The Client undertakes to fully respect the laws of the host country, port regulations, anchorage rules, not to cause excessive noise, to respect the right to privacy and night rest of the occupants of neighboring vessels and nearby properties, and to give priority to the prevention of pollution.
4.1.9. The Client acknowledges that the Service Provider is entitled to exclude any Client with immediate effect if the Client intentionally or with gross negligence violates or endangers the peace, safety, interests, physical integrity or the conduct of the Event or the safety of his/her crew members or engages in conduct that makes it difficult or impossible to train with them and does not cease such conduct despite the warning of the captain. In this case, the Client shall be responsible for their own travel home at their own expense and shall not be entitled to any compensation.
4.1.10. The Client is informed about the need to sign the Agreement on Release from Liability and sign a written acknowledgment of the Safety Rules and Boating Safety Guide (Appendix 3 hereto) before the start of the Training.
4.1.11. The Client understands that if he/she pays for the Event for other participants, then the Client is responsible for the fact that the other participants undertake to sign the Agreement on Release from Liability and sign a written acknowledgment of the Safety Rules and Boating Safety Guide (Appendix 3 hereto) before the start of the Training.
4.1.12. The Client is informed that if his/her minor child (15+ years old) is present at the training, then the Client is obliged to sign the Parent Statement for the Child's Participation in a Training (Appendix 4 hereto) before the Event.
4.1.13. The Client grants the Service Provider the unconditional and unlimited right to publish and further use for professional purposes photographs and videos, which may bear the Client's image, created by the photographer of the organization during the provision of services. The Service Provider, among other things, has the right to use the image of the Client on the Internet, as well as in any advertising and information materials aimed at attracting the attention of any third parties to the Service Provider's business.
5.1. The Service Provider shall:
5.1.1. The Service Provider undertakes to provide the Event advertised by it to the Client to the highest standard it can provide, with the assistance of professionals with appropriate qualifications, expertise and local knowledge.
5.1.2. Before the start of the Training, administer the group meeting in the amount of one to five participants of the Training.
5.1.3. Ensure the rental of a sports yacht, on which the Training will be held for the entire duration of the Training;
5.1.4.Arrange for the Client's use of sports equipment and gear necessary for participation in the Event;
5.1.5. Notify the Client in advance (in accordance with Clause 8.1. hereof) about the Service Provider's events, changes in the schedule, etc.
5.1.6. Arrange for the publication of Service fees and Service provision rules on the official website at https://dubai.windrises.com/ and notify the Client (in accordance with Clause 8.1. hereof) of any changes in the Service fees.
5.1.7. Maintain the confidentiality of personal data received from the Client.
5.2. The Service Provider may:
5.2.1. Unilaterally change the Event schedule by notifying the Client in one of the ways specified in Clause 8.1. hereof. The Training schedule may be changed due to force majeure circumstances, changes in weather conditions, and in connection with force majeure circumstances that may prevent the Training.
5.2.2. Unilaterally change the Training and Safety Rules by notifying the Client in one of the ways specified in Clause 8.1. hereof. Any amendments will come into force within five (5) days from the date of publication of the amended Training Rules. If the Client does not consent to the amendments to the Training Rules, the Client may refuse to perform the Terms and Conditions, and the Service Provider must return the undrawn advance payment to the Client. If the Client continues to use the Service Provider's services after the expiration of the said period, the Client shall be deemed to have read and accepted the amended Training Rules.
5.2.3. The Service Provider shall be entitled to terminate the contract with immediate effect for the following reasons, in particular, but not exclusively:
5.2.3.1. The Client fails to pay for the services in full in accordance with the Terms and Conditions hereof.
5.2.3.2. If the Client fails to comply with any of its obligations under the contract.
5.2.3.3. If the Client uses the vessel/cab in breach of the contract.
5.2.3.4. If the Client seriously violates the rules of the ports and anchorages concerned.
5.2.3.5. If the Client, under the influence of alcohol or drugs or in any other way, seriously endangers themselves or others training with them.
5.2.3.6. If the Client intentionally causes damage to the goods on board the vessel/ship.
5.2.3.7. If the legal relationship between the Parties is terminated as described above (5.2.3.), the remaining period, if any, shall be deemed to have been completed. In this case, the Client shall not be entitled to any refund or compensation, in which case the participation fee already paid for the remaining period of the Event shall be considered a breach of contract penalty, and the Client shall forfeit it and shall not be entitled to a refund.
5.2.4. The Service Provider may suspend the Client from training in the following cases:
5.2.4.1. The Client interfered with the training or other participants of the training by his/her actions, created a danger for himself/herself or for other participants of the training in the case of the provision of services in a group of athletes/participants during group training, regatta, etc.).
5.2.4.2. The Client failed to comply with the Training and Safety Rules.
5.2.4.3. The Client performed actions indicating the refusal of one or more services included in the ordered services during the provision of services.
5.2.4.4. The Client's illness or injury suffered during the provision of the service.
5.2.4.5. The Client's physical fatigue.
5.2.4.6. The Client's unwillingness or inability to use the service due to bad or difficult weather conditions for the Client (if there are safe conditions for the provision of the Service). If the Client is suspended from the provision of service on the grounds specified in this clause, the previously paid service fee will not be refunded, and the service contract will be terminated from the moment of the Client 's suspension.
5.2.4.7. The Client intentionally or with gross negligence violates or endangers the peace, safety, interests, physical integrity or the conduct of the Event or the safety of his/her crew members or engages in conduct that makes it difficult or impossible to train with them and does not cease such conduct despite the warning of the captain. In this case, the Client shall be responsible for their own travel home at their own expense and shall not be entitled to any compensation.
5.2.4.8. Involve third parties for the provision of the Services hereunder, while the Service Provider is responsible for the actions (omissions) of such persons involved as for its own.
5.2.4.9. In case of cancellation of the training at the initiative of the Service Provider, as well as in case of emergencies that occurred through no fault of the Service Provider, force majeure circumstances, reconstruction, repair of the pier of the mooring of sports yachts and the gathering of training participants, as well as in case of closure of the training site, the Service Provider shall suspend the provision of services to the Client and resume their provision after the termination of these circumstances.
5.2.4.10. The Service Provider is entitled to periodically run promotions that provide a discount from the prices in the Events list to a level determined by the Service Provider. It shall provide information on the conditions and duration of these promotions on its website. Any promotions displayed on the website without a time limit are valid indefinitely or until withdrawn
5.2.4.11. The advertised discounts are not applicable to existing Client who have finalized their booking.
5.2.4.12. The Service Provider reserves the right to offer certain discounts only to the Client or group of Client specified by the Service Provider, and is not obliged to provide information about these discounts on its website.
5.3. The Client shall:
5.3.1. Pay for the services.
5.3.2. Follow the coach's recommendations.
5.3.3. Verify the correctness of the data and information provided by them at the time of application, and to notify the Service Provider of any changes before the start of the Event, as the Service Provider cannot be held liable for any damages resulting from incorrect data.
5.3.4. Be responsible for compliance with passport, visa, customs, foreign exchange and public health regulations. Costs and damages resulting from failure to do so or from a breach thereof shall be borne by the Client.
5.3.5. Treat the Service Provider's property with due care. The Client who has committed actions or omissions that have led to the breakdown of the yacht equipment and other possible damage (including the lost profit of the ship owner due to the downtime caused by the need for repair) undertakes to reimburse it in full no later than the end of the training. The amount of damage caused shall be assessed by the owner of the yacht/property that has suffered damage.
5.3.6. If feeling sick, stop training and immediately contact the coach.
5.3.7. Prior to the conclusion of this Terms and Conditions, read, and after its conclusion, comply with the Training and Safety Rules.
5.3.8. During training, use a life vest provided by the Service Provider or his/her own.
5.3.9. Fully comply with the safety regulations and the rules of use/operation of the vessel.
5.4. The Client may:
5.4.1. Participate in the paid Event and is entitled to receive the services described. The Client is entitled to use the information, experience and knowledge gained at the Event for its own purposes.
5.4.2. Use sports equipment provided by the Service Provider.
5.4.3. Choose not to attend the training, promptly notifying the Contractor, in accordance with Appendix 2 hereto "Rules for the Timely Cancellation of Trainings by the Customer".
6.1. The Parties shall be liable for any failure to perform or improper performance of their obligations hereunder in accordance with the effective laws of the UAE.
6.2. The Parties agree that the Service Provider shall not be liable for:
6.2.1. Damage caused to life, health or property of the Client as a result of failure to provide and/or untimely provision by the Client of reliable information about the state of his/her health to the Service Provider.
6.2.2. Damage caused to the life, health or property of the Client as a result of violation or improper fulfillment by the Client of the terms of the Terms and Conditions, the Training and Safety Rules (Appendix 1 to this Terms and Conditions), instructions and recommendations of the administrator or coach for the use of sports equipment and gear.
6.2.3. Damage to his/her health or caused to the Client's property by his/her own actions and/or inaction, and/or caused by the actions of third parties.
6.2.4. Harm related to deterioration of health, if the Client 's health deteriorated as a result of an acute illness, exacerbation of an injury or a chronic illness.
6.2.5. Loss or damage to personal belongings left in locker rooms, in other rooms or sports yachts on which trainings are carried out.
6.3. The Client shall be financially liable for the damage caused to the Service Provider and the institution (site) on the basis of which the trainings are conducted. If the Client causes damage to the Service Provider, the Client is obliged to reimburse the Service Provider for the cost of the damaged and/or lost property established by the Service Provider. In the case of damage to the Service Provider, a report shall be drawn up. In case the Client refuses to sign the report, the Service Provider shall sign it unilaterally. On the basis of the report, the Client is obliged to compensate the Service Provider for the damage caused in full within five (5) calendar days.
6.4. The Parties shall be released from liability for partial or complete failure to perform their obligations hereunder, if such failure is due to force majeure.
6.4.1. Force majeure events include events beyond the control of the Parties, such as natural disasters, storms, strong winds, fires, extraordinary events of social nature (war, riots, etc.), government decrees or orders of public authorities making it impossible for the Parties to perform their obligations hereunder.
6.4.2. Taking into account the need to ensure the safety of the training participants, as well as the technical characteristics of the sports sailing yachts on which the training is conducted, the Parties additionally agreed that:
— The state of the weather of 6 or more points on the Beaufort scale is a force majeure event, during which the Service Provider is unable to fulfill its obligations to the Client in terms of activities related to setting train.
— In case of termination of the events specified in Clauses 6.4.1 and 6.4.2, the Service Provider shall use all reasonable endeavors to perform its obligations.
6.5. All disputes and disagreements will be resolved by the Parties through negotiations, and, if no agreement is reached, in the court according to the UAE law.
7.1. The legal relationship between the Parties for the provision of the service shall be terminated:
7.2. in the event of the dissolution of either party without legal succession or, in the case of an individual Client, upon the death of the Client.
7.3. automatic termination for cause (e.g. non-payment).
7.4. with the mutual consent of the Parties.
7.5. If the Applicant fails to pay the participation fee at the time of application, the legal relationship between the parties shall automatically terminate and the Client shall not be entitled to participate in the Event. Their registration will be automatically deleted by the Service Provider.
8.1. Notices to the Client shall be made by publishing information on the official website https://dubai.windrises.com/ or by informing the Client in any convenient way: by sending an email to the Client, by oral message to the Client personally or by phone.
8.2. This Terms and Conditions shall come into force upon its publication on the website https://dubai.windrises.com/ and shall be effective until an amended Terms and Conditions is published. The contract shall take effect as from the date of acceptance of this Terms and Conditions and shall remain in force until the Parties have performed their respective obligations in full.
8.3. At the Client's request, the Service Provider may issue a printed version of this Terms and Conditions with the signatures of the Parties, equal in legal force to this public offer.
Publication date: August 23, 2023
Appendix 1 to the General Terms and Conditions published on the website https://dubai.windrises.com/
These Rules are part of this Terms and Conditions for the provision of the Service Provider 's services. Compliance with these rules is mandatory for all persons attending sailing training.
Your participation in the training organized by the Service Provider confirms your acceptance of and your readiness to comply with the rules set out below.
When boarding a yacht, you must be aware of the risks and the most significant hazards, comply with the personal and collective safety rules set forth below. The matter of fact following these rules does not exempt the briefed person from the need to apply common prudence and common sense. Underaged persons must comply with safety rules, and the parents or authorized representatives accompanying them shall be responsible for this.
Personal Safety
Falling overboard. One of the greatest dangers on board the yacht. When the yacht is in motion, always stay in the safe zone — the cockpit. It is strictly forbidden to go outside the cockpit without permission and constant control of the helmsman. Moving on the deck, you must keep in mind the possibility of a sudden accidental transition of the sails to the other side: you should move, leaning below the lower edge of the sails; while on the foredeck, stay on the inside of both staysail sheets. Rigging on the deck and in the cockpit also poses a danger, because if you step on a round rope, you may easily slip. Sails have a very slippery fabric, so it is advisable not to step on them when handling sails. Wear a life jacket before entering the water area. The life jacket may be removed only with the permission of the captain. Non-swimmers (persons who cannot swim freestyle 100 meters in the swimming pool without a break) must not remove the life jacket all the time onboard outside the interior (does not apply to yachtsmen athletes).
Boom. The transition of the boom (a horizontal aluminum pipe, to which the lower edge of the large sail is attached) poses a huge danger, especially when sailing downwind, i.e. with a fair wind. All the time when sailing, if you are in the area of the boom transition, keep below its level. If you hear the command "BOOM!", immediately duck down to the deck. Warn other crew members in the danger zone.
Moving on the yacht while sailing. On the deck, always wear special deck shoes that provide a reliable grip of the sole with wet plastic. The shoes should completely cover your feet and toes. Crocs, flip-flops, slippers, open toe and heelless shoes, high heels, platform shoes, shoes with a plastic slippery sole, etc. are dangerous, as they can result in leg injury and falling overboard. You must move on the deck according to the climbers' principle: at all times, use three points of support. Hold on to the fixed reliable structures: standing (iron) rigging — shrouds, stays, as well as hand ropes, pulpits. Never hold on to running rigging, like ropes. While going below to the cabin, always face the ladder to avoid falling back on the steps.
Handling ropes, cleats, winches. Always wear functional gloves while handling the rigging. Take up the slack of the running rope through the cleat or by making two or three turns on the winch (depending on the load). When easing or heaving in the rope through the winch, keep your hands at a distance of at least 30-40 cm from the winch drum. Be careful when handling the cleats. Do not wrap the ropes on your hands or other parts of your body.
Collective Security
Man overboard! The first person to see a man fall overboard shall loudly give the command “Man overboard!” If the fallen person was not wearing a life jacket, throw them a life jacket or other floating object so that they can remain afloat. The captain (helmsman) must immediately appoint a "lookout" who shall continuously watch the fallen person and show the direction to them with an outstretched hand. This is necessary, as the crew members involved in the steering may lose the correct direction to the fallen person. The outstretched arm of the "lookout" serves as a good guide. The fallen overboard shall be lifted from the stern. The person in the water must be approached at a low speed. The person in the water should be leeward from the yacht. Prepare a hitcher (boat hook) and a life line (rope).
If you fall overboard, don't panic. Get more air in your lungs. If you wear no life jacket and you have not been thrown a life jacket or other floating object, or if all these items are quickly fetched off from you by the wind, if you find it hard to swim, then get rid of heavy clothing (jacket, oilskin, etc.) and heavy shoes (boots). If you hold on water well in clothes, especially in cold water, then keep your clothes on, because even wet clothes and shoes help to keep warm and avoid hypothermia.
Appendix 2 to the General Terms and Conditions published on the website https://dubai.windrises.com/
1. Please note that due to the limited number of seats on sports yachts in our "fleet", you may register for a sailing training only on a prepayment basis.
In connection with the above, we ask you to pay special attention to the conditions for refunding payment for attending group training sessions in case of your refusal to attend the training session, as well as the conditions for postponing the training session:
The essence of a group training is that the combined expenses (expenses for finding partners in the group, arranging for the rental of a sports yacht, coach services, renting a sports ground) are divided between 5 people in the group, thus, the costs of training in the group for each of the group members become relatively cheaper than individual training. In case of your untimely refusal to attend a group training at the last moment, the Service Provider's expenses for organizing a group training are equal to the cost of the training itself, since the administrator has already done his/her job of gathering the group, the coach has already refused other training offers and is ready to conduct the training, and the sports yacht has already been rented. We may not increase the cost of training for other group members in proportion to the smaller number of people in the group. Thus, if you do not attend a group training, you will have to pay the training costs anyway.
However, we guarantee a 100% refund of the fee if you have notified the administrator of the impossibility of attending the training in a timely manner. In this case, you can get the money back.
2. Timely cancellation of the training by the Client is considered to be a cancellation made by the Client at least 72 (seventy-two) hours before the commencement of the provision of services. If the Client cancels the training less than 72 (seventy-two) hours before the start of the provision of services without good cause, the prepayment shall not be refunded, except in accordance with Clause 3 of this Appendix.
3. If the Client cancels the training less than 72 (seventy-two) hours prior to the commencement of the provision of services for valid reasons, the refund shall be made in full, provided that there is documentary evidence of good cause, like a medical certificate of illness, injury and other medical indications that impede participation in the training. Other good reasons can be justified and confirmed by the Client and shall remain at the discretion of the Service Provider.
4. The Client may postpone the date/time of the provision of services to any other free time for recording as agreed with the Service Provider, but no later than 48 (forty-eight) hours before the start of the training. If the date/time of the training is postponed at the initiative of the Client, the Client undertakes to pay the Service Provider for the postponement of the training in the amount of 10% of the amount of the previously accepted service.
Appendix 3 to the General Terms and Conditions published on the website https://dubai.windrises.com/
AGREEMENT ON RELEASE FROM LIABILITY FOR TRAINING PARTICIPANTS
FULL NAME
DATE OF BIRTH
EMIRATES ID/PASSPORT NUMBER
PHONE
In connection with my participation in the Training (hereinafter a Training or Event also means participation in a sail or regatta), which will be held by the Service Provider WIND RISES WATER SPORTS TRAINING SERVICES L.L.C. (registered office: Shop 24&25, Marina Cubes Street, Port Rashid, Dubai, Trade License 1118837), in order to grant me admission to participate, I, the undersigned, confirm, acknowledge and agree on my behalf with the following:
1. I am 18 or older on the date of the Training.
2. I have no health restrictions preventing me from being on a sailing vessel, whether or not related to a disease. I am informed that persons who have such restrictions, including any period of pregnancy, are not allowed on board.
3. I am informed about the need to undergo a medical examination before attending the Event, since I am personally responsible for my health. I understand that failure to submit or submission of false information about the state of my health, attendance of trainings during the period of acute or exacerbation of a chronic disease may lead to deterioration of health and releases the Service Provider from responsibility for deterioration of my health resulting from participation in trainings during the period of acute or exacerbation of a chronic disease, as well as from failure to submit or submission of false information about the state of my health. I confirm that there are no medical contraindications for attending training sessions.
4. I have read and agree that Trainings involve significant risks of injury of varying severity that may cause harm to health and life; despite the fact that compliance with the Training and Safety Rules (Appendix 1 to the General Terms and Conditions published on the website https://dubai.windrises.com/) and Boating Safety Guide on the link https://dmca.ae/Data/Files/RegulationEn/Safety%20Guide_ENG_final.pdf, the use of special equipment and personal discipline can significantly reduce these risks, the risk of injury and harm remains. I understand that a Training is a sport that can cause harm, and therefore, in the event of my injury, I will not demand any compensation from the Service Provider.
5. I KNOWINGLY AND VOLUNTARILY ACCEPT RESPONSIBILITY FOR ANY POSSIBLE RISKS OF HARM TO ME DURING PARTICIPATION IN THE TRAINING, both known and unknown, including if I do not comply with safety rules during participation in the Training.
6. I undertake to comply with the Training and Safety Rules (Appendix 1 to the General Terms and Conditions published on the website https://dubai.windrises.com/) and Boating Safety Guide on the link https://dmca.ae/Data/Files/RegulationEn/Safety%20Guide_ENG_final.pdf as well as other generally accepted requirements and conditions for participation in the Training.
7. If I fail to comply with the safety rules, I am, on behalf of myself and on behalf of my heirs, successors, personal representatives and immediate relatives, hereby indemnify, hold harmless and release from prosecution the Service Provider, its employees, contractors, officials, agents and/or workers, other sports training participants, funding organizations, sponsors, advertisers, owners of sports sailing yachts on which sports training is conducted, in the event that I suffer any injury and/or harm to my health, disability, death, harm or damage to my property.
8. I acknowledge that the Service Provider is entitled to exclude me with immediate effect in case of mine intentionally or with gross negligence violate or endanger the peace, safety, interests, physical integrity or the conduct of the Event or engage in conduct that makes it difficult or impossible to train with them and do not cease such conduct despite the warning of the captain. In this case, I shall be responsible for my own travel home at my own expense and shall not be entitled to any compensation.
9. I understand and agree that in case of causing harm, damage or loss of my property, including intentional or unintentional violation of the Training and Safety Rules by me, as well as in other cases (within or beyond my control), I do not have the right to demand any compensation, including satisfaction for injury and compensation for damage, from the releases.
10. I hereby give my consent to the Service Provider for photographing and recording my voice and performance, as well as the use of my photos, silhouette and other materials that imply the reproduction of my appearance and voice, for marketing purposes as part of this event and the events that will be held in the coming years. By agreeing to the photography and/or video shooting, I freely and free of charge transfer the rights listed in this paragraph to the organizer of the sports training.
11. THIS DEED IS MADE BY ME. I HAVE READ AND UNDERSTOOD THE TRAINING AND SAFETY RULES AND RECEIVED A SAFETY BRIEFING. I FULLY UNDERSTAND THE MEANING AND SIGNIFICANCE OF ALL THE TERMS AND CONDITIONS AND UNDERSTAND THAT BY SIGNING THIS DEED I WAIVE CERTAIN RIGHTS. I SIGN THIS DEED VOLUNTARILY AND WITHOUT COERCION.
SIGNATURE
DATE
PLACE
Appendix 4 to the General Terms and Conditions published on the website https://dubai.windrises.com/
PARENT STATEMENT for the Child's Participation in a Training
(to be completed for children aged under 18 y.o.)
I,
FULL NAME
DATE OF BIRTH
PASSPOSRT NUMBER/EMIRATES ID
PHONE
as the parent (legal guardian) of my son/daughter:
I,
FULL NAME
DATE OF BIRTH
PASSPOSRT NUMBER/EMIRATES ID
1. By this statement, I knowingly and voluntarily confirm that I am fully responsible for the decision allowing my son (daughter) to participate in the sailing training.
2. I am aware that Trainings involves significant risks of injury of varying severity. Despite the fact that the child's compliance with the Training and Safety Rules (Appendix 1 to the General Terms and Conditions published on the website https://dubai.windrises.com/ ) and Boating Safety Guide on the link https://dmca.ae/Data/Files/RegulationEn/Safety%20Guide_ENG_final.pdf, use of special equipment and personal discipline can significantly reduce these risks, however, the risk of injury remains. I understand that a Training is a sport that can lead to injury.
3. I hereby confirm that my son (daughter) has no health restrictions that pose a danger to the life and health of my son (daughter) when participating in a sailing training.
4. I, on behalf of myself and my heirs, successors, personal representatives and immediate relatives, hereby indemnify, hold harmless and release from prosecution the Service Provider WIND RISES WATER SPORTS TRAINING SERVICES L.L.C. (registered office: Shop 24&25, Marina Cubes Street, Port Rashid, Dubai, Trade License 1118837), its employees, officers, agents, and/or workers, other sports training participants, funding organizations, sponsors, advertisers, owners of sports sailing yachts on which sports training is conducted, in the event of any injury, death, damage, or injury to my child or property, including through the negligence of the releasees, or otherwise to the fullest extent permitted by law.
5. I acknowledge that the Service Provider is entitled to exclude my son/daughter with immediate effect in case of his/her intentionally or with gross negligence violates or endangers the peace, safety, interests, physical integrity or the conduct of the Event or engages in conduct that makes it difficult or impossible to train with them and do not cease such conduct despite the warning of the captain.
6. I understand and agree that in case of causing harm, damage or loss of my son's/daughter's property , including intentional or unintentional violation of the Training and Safety Rules by my son/daughter, as well as in other cases, I do not have the right to demand any compensation, including satisfaction for injury and compensation for damage, from the releasees.
7. I hereby give my consent for my son (daughter) to participate in the Training.
8. THIS STATEMENT IS SIGNED BY ME IN PERSON. I CONFIRM THAT MY SON/DAUGHTER HAS READ AND UNDERSTOOD THE TRAINING AND SAFETY RULES (Appendix 1 to the General Terms and Conditions published on the website https://dubai.windrises.com/) and Boating Safety Guide on the link https://dmca.ae/Data/Files/RegulationEn/Safety%20Guide_ENG_final.pdf
AS WELL AS OTHER GENERALLY ACCEPTED REQUIREMENTS AND CONDITIONS FOR PARTICIPATION IN THE TRAINING.I FULLY UNDERSTAND THE MEANING AND SIGNIFICANCE OF ALL THE TERMS AND CONDITIONS AND UNDERSTAND THAT BY SIGNING THIS DEED I WAIVE CERTAIN RIGHTS. I SIGN THIS DEED VOLUNTARILY AND WITHOUT COERCION.
SIGNATURE
DATE
PLACE