EVENT PARTICIPATION AGREEMENT & WAIVER
Event: Mubadala World Tennis Championship (“MWTC”)
Event Date(s): 16-18 December 2022
By agreeing, I confirm my understanding and agreement to enter into this Waiver.
The undersigned (the “Participant”) desires to attend, participate in and/or be paid for providing services or personnel for the Event currently expected to take place on the Event Date(s), together with (if applicable) all hospitality, lodging, travel and other accommodations arranged or provided by or on behalf of INTERNATIONAL MANAGEMENT GROUP (OVERSEAS), LLC. - ABU DHABI (“IMG”) on behalf of Flash Entertainment FZ LLC (“Flash”) in connection with the Event, whether taking place on, before or after the Event Date(s) (each an “Activity” and collectively, the “Activities”) produced or provided by IMG.
In return for being permitted to attend, participate in and/or be paid for providing services or personnel for the Activities, the Participant agrees to the terms and conditions set forth in this Event Participant Agreement (this “Agreement”).
WARRANTIES & WAIVER
1. By entering into this volunteer arrangement you acknowledge, warrant and declare that:
1.1 you are free to enter into this Engagement and will not be in breach of any obligations to or agreements with any third party;
1.2 you are engaged as a volunteer. Nothing in this Waiver shall render you an employee, worker, agent or partner of the MWTC or of any associated company and you shall not hold yourself out as such. You shall not receive any remuneration in connection with the assistance provided under this Waiver;
1.3 you are legally entitled to reside in the UAE, are above the age of 16 years old and provide the assistance described in this Waiver;
1.4 the MWTC shall have no liability for any personal injury or damage caused to you while carrying out activities in connection with the Engagement and you agree to hold the MWTC harmless from all liability, claims and demands of whatever nature which arise in connection with the Engagement;
1.5 the MWTC does not assume any responsibility or obligation to provide you with financial or other assistance including but not limited to medical benefits or insurance of any nature; and
1.6 the MWTC may use any and all photographs, images, videos, audio recordings made by the MWTC in connection with the Engagement for marketing purposes or any other legitimate business purpose.
2. Conditions of Participation: As a condition of the Participant participating in the Activities, the Participant agrees that they:
a. have not received any test result indicating that they are currently infected with COVID-19, whether or not symptomatic;
b. are not experiencing any symptoms of COVID-19 as of the date they sign / acknowledge / agree to this Agreement which includes but is not limited to a high temperature, a continuous cough, shortness of breath and a loss or change in their sense of taste or smell;
c. have not knowingly in the last two weeks been in contact with anyone who has tested positive for or experienced symptoms of COVID-19;
d. understand the potential risks of participating in the Activities due to the COVID-19 pandemic;
e. are voluntarily agreeing to participate in the Activities;
f. will submit to any and all medical testing and other procedures requested by IMG as permitted by law;
g. will inform IMG if they have at any time in the past tested positive for COVID-19;
h. will comply with the health and safety procedures established by IMG for the Activities (provided separately);
i. will notify IMG as soon as possible if at any time during the 14 days prior to the first day of the Event and/or on any of the Event Dates they are experiencing any symptoms of illness, and in any event they will notify IMG no more than one day after the symptoms first develop;
j. will ensure at all times that they adhere to the Abu Dhabi government guidelines in regards to social distancing, unless pre-approved by an Event tournament official, correct PPE is worn and a risk assessment has been submitted. You agree that, if you are required (at the request of IMG) to be closer than the recommended government guidelines you will adhere to further safe-guarding measures as instructed by IMG including the use of PPE; and
k. will notify IMG if at any time they cannot participate or are uncomfortable participating in any of the Activities so that reasonable accommodations can be considered.
3. Liability Waiver & Release. In full knowledge and assumption of all of the risks, the Participant, hereby irrevocably agrees that they shall not make any claim against IMG, Flash or any of their parents, subsidiary entities, affiliates, sponsors, successors and related parties for any injury (including emotional and/or mental distress), illness, damage, loss or harm in connection with COVID-19 or otherwise, resulting or arising out of or in any way related to the Participant’s preparation for, travel for, participation and appearance in, provision of services at and/or attendance at the Activities.
4. Participant hereby acknowledges that it understands that nothing in this Agreement will modify any other existing agreements between the Participant and IMG.
5. This Agreement shall be governed by English law.
YOU HEREBY EXPRESSLY AND SPECIFICALLY CONSENT TO IMG’S UTILIZATION OF YOUR PERSONAL SENSITIVE DATA PROVIDED UNDER THIS AGREEMENT AND IN RELATION TO YOUR ATTENDANCE AT THE EVENT IN ACCORDANCE WITH THE ATTACHED PRIVACY NOTICE. Potential transferees by IMG of your Personal Sensitive Data (or otherwise as specified in the Privacy Notice) are: Flash, the Event’s appointed medical and PCR testing teams.
PRIVACY NOTICE: PROCESSING OF PERSONAL DATA
1. Contact details: Your personal information is collected by INTERNATIONAL MANAGEMENT GROUP (OVERSEAS), LLC. - ABU DHABI ("we"/"us"/"our"). If you have any questions or complaints in relation to the use of your personal information or this Notice, you can contact us at email@example.com.
2. Personal Information Collected: We may collect the information below about you during your engagement with us. If you fail to provide certain information when requested we will not be able to perform all our obligations regarding your engagement. Please keep us informed if your personal information changes during your working relationship with us.
· Personal identifiers and professional information including: title, name, date of birth, age, gender, home address, nickname/performing name, family details (such as emergency contacts, marital status, dependency details and beneficiary information), personal email address, telephone number, social security number, National Registration Identity Card (NRIC), national tax ID, Foreign Identification Number (FIN) and information on your education and professional experience.
· Engagement records including: offer letters, recommendations, policy acknowledgements, consultancy or other agreements, termination letters, absence records, and training records.
· Special categories of personal data including: physical or mental health information and drug test results.
3. Sources of Information: This information is either (a) provided by you directly or indirectly (eg. through websites or social media); (b) obtained from third parties through the engagement process; (c) created by us in the course of your engagement; or (d) publicly available. In particular, data may be obtained from the following third parties: talent agencies, production companies, credit reference agencies or other background check agencies.
4. How we use personal information: We use your personal information for (1) the purpose of following all procedures designed to prevent the spread of contagious diseases such as COVID-19; (2) detecting and preventing inappropriate behaviour including breach of our policies; (3) making contact in an emergency; (4) ensuring our systems are used appropriately, are adequate for the needs of the business and are secure; (6) the purposes of a potential / actual litigation or investigation concerning us, any of our group companies or its officers.
5. Why we use personal information: We will use the information collected from you because: (1) it is necessary for the performance of or compliance with your applicable engagement contract or in order to take steps prior to entering into that contract; (2) we need to process your information in order to comply with a legal or regulatory obligation; (3) it is necessary for vital interests relating to you or another person; or (4) we or a third party have a legitimate interest to: (a) ensure the effective administration of your engagement and business continuity; (b) ensure our assets are protected and not used for unlawful purposes; (c) prevent, detect and investigate unauthorised use of our systems and ensure we comply with law and our policies; (d) ensure we can contact you in the case of an emergency; (e) manage disputes and accidents and take legal advice; (f) prevent fraud; and/or (g) ensure network and information security. Please contact us if you want more information on these legitimate interests.
6. How we use special category personal information: We will process your special categories of personal data (1) to comply with applicable laws; (2) to ensure your health and safety, assess your fitness to perform your obligations and to provide appropriate adjustments; (3) for equality monitoring and reporting purposes; and (4) for the purpose of following Government guidelines for preventing the spread of contagious diseases such as COVID-19.
7. Why we use special category personal information: We will use special categories of personal information collected about you because: (1) you have provided your explicit consent; (2) we need to do so to carry out our legal obligations; (3) it is necessary for the establishment, exercise or defence of legal claims; (4) there is a substantial public interest; (5) it is needed to protect your interests (or someone else's interests) and you are not capable of giving your consent; and/or (6) where you have already made the information public.
8. Information that we share: We will only share your personal information with the following third parties for the purposes of processing your on-boarding and for our administrative, management and operational purposes: (1) to employees and companies in our group, (2) background check providers, (3) our suppliers, vendors and contractors (e.g. pre-engagement screening providers, auditors and external advisors); (4) regulators and competent authorities; and (5) with the sanctioning federation of the event you are attending. We will also share personal data with companies, organisations, or individuals outside of our group companies if we have a belief in good faith that disclosure of the information is reasonably necessary to (1) meet any applicable law, regulation or legal process or enforceable governmental or regulatory request; (2) enforce your engagement agreement with us; (3) detect, prevent, or otherwise address fraud, security or technical issues; (4) provide potential acquirers or purchasers with information in relation to disposal of any of our group companies' business or assets; (5) provide other group companies with your information in the context of restructuring of the business; or (6) protect against harm to the rights, property or safety of us and our group companies, our employees, contractors, customers or the public as required by law.
9. Retention of your information: We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting or reporting requirements. In general terms this means that we will retain your personal information for the duration of your engagement with us and for the length of any applicable limitation period for claims which might be brought against us later (e.g. 6 years in the UK).
10. Where your information will be held: We may transfer the personal information we collect about you to outside the EU for the purposes of administrating the relationship with you subject to us implementing appropriate safeguards. If you would like to obtain copies of such safeguards you can request them from us on the contact details above.
11. Security: We follow strict security procedures as to how your personal information is stored and used, and who sees it, to help stop any unauthorised person accessing it.
12. Your rights: You may have the following rights in connection to your data, including:
12.1 Access: you are entitled to ask us if we are processing your information and, if we are, you can request access to your personal information (commonly known as a "data subject access request"). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
12.2 Correction: you are entitled to request that any incomplete or inaccurate personal information we hold about you is corrected.
12.3 Erasure: you are entitled to ask us to delete or remove personal information in certain circumstances. There are also certain exceptions where we may refuse a request for erasure, for example, where the personal data is required for compliance with law or in connection with claims.
12.4 Restriction: you are entitled to ask us to suspend the processing of certain of your personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
12.5 Transfer: you may request the transfer of certain of your personal information to another party.
12.6 Objection: where we are processing your personal information based on a legitimate interest (or those of a third party) you may object to processing on this ground. However we may be entitled to continue processing your information based on our legitimate interests. You also have the right to object where we are processing your personal information for direct marketing purposes.
If you want to exercise any of these rights, please contact Vickie Gunnarsson in writing at Vickie.Gunnarsson@img.com.
13. Lodging a complaint: You also have a right to lodge a complaint with a supervisory authority, in particular in the Member State in the European Union where you are habitually resident, where you work or where an alleged infringement of Data Protection law has taken place. In the UK you can make a complaint to the Information Commissioner's Office (Tel: 0303 123 1113 or at www.ico.org.uk).
14. Right to withdraw consent: In the limited circumstances where you may have provided your consent to the collection and processing of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact Vickie Gunnarsson in writing at Vickie.Gunnarsson@img.com.
15. Changes to this Notice: This notice will be changed from time to time. If we change anything important about this notice (the information we collect, how we use it or why) we will notify you.