TOU

TERMS OF USE XQuarry Adventure Park 

Last updated 19.09.2020

YOU AGREE THAT YOUR ENTRY TO “XQuarry Adventure Park”, (managed by XQuarry LLC ), SHALL BE GOVERNED BY THESE TERMS OF USE (“TOU”). YOUR PARTICIPATION INCLUDES:

  • YOUR PARTICIPATION OF ANY ACTIVITY OR ATTENDANCE AT ANY ENTERTAINMENT EVENT PROMOTED BY, MANAGED BY, OR IN ANY WAY CONNECTED WITH ” XQuarry Adventure Park”:
  • YOUR PURCHASE OF ENTRY TICKETS, GOODS, SERVICES, AND YOUR SUBMISSIONS TO ” XQuarry Adventure Park ” AND ITS AFFILIATES (“TRANSACTIONS”);

Representations in General

You represent and acknowledge that as part of the consideration for Your Participation with “ XQuarry Adventure Park “, the sufficiency of which is acknowledged, and as a material and necessary condition of “ XQuarry Adventure Park” offer to allow Your Participation in general, and specifically in consideration for Your access and your Participation at “ XQuarry Adventure Park “, You agree:

  • Your Participation is voluntary;
  • The TOU is an enforceable agreement between You and “ XQuarry LLC “;
  • Your Participation confirms Your agreement to be bound by the TOU and park rules;
  • You will comply with and be bound by the TOU and park rules in all of your Participation;
  • Your Participation will comply with all federal and local laws of the Emirate of Sharjah and the UAE;
  • You agree that photos or video records taken of you at the “XQuarry Adventure Park” might be published or used for any other marketing purpose without any further consent, information or compensation
  • You are at least 21 years old (minors below 21 only in company with a legal guardian)
  • The signing of the waiver form is mandatory before entering the park, if visitors refuse to sign the form entry to the park will not be granted even if entry tickets were bought online or gift vouchers are redeemed. The ticket price will be refunded after the deduction of an admin fee of 20% of the ticket price.
  • Every visitor has to present a valid photo ID.
  • You need to follow the specific guidelines for activities (Park Rules and safety signs) a breach of rules can lead to fines and park bans.
  • Any illegal activities or reckless behavior will be reported to the police.

Unpermitted Participation

You are prohibited from Participation or attempting to engage in Participation that is in any way:

  • Destructive to persons or property;
  • Unlawful, harmful, interfering with “ XQuarry Adventure Park ” services, communications, or operations;
  • Access the park while being under the influence of alcohol or any illegal substances
  • Unauthorized access to the park will be considered trespassing and will be fined with AED 1000.
  • ¬†Entering with our an entry ticket or outside of park opening hours

Assumption of Risk and Waiver of Right to Sue

” XQuarry Adventure Park ” AND ANY OTHER OFFER FOR YOUR PARTICIPATION ARE PROVIDED “AS IS.” YOU AGREE THAT YOUR PARTICIPATION SHALL BE AT YOUR OWN SOLE RISK.
YOU ACKNOWLEDGE THAT PARTICIPATION WITH ” XQuarry Adventure Park ”  IN GENERAL, AND YOUR PARTICIPATION WITH ANY ACTIVITY OR ENTERTAINMENT EVENT IN SPECIFIC, MAY ENTAIL CERTAIN RISKS OF PHYSICAL INJURY, DAMAGE TO PROPERTY, AND OTHER DAMAGES OR LOSSES THAT YOU MAY SUSTAIN. YOU AGREE TO VOLUNTARILY ASSUME THE FULL RISK OF ANY PHYSICAL INJURY, AS WELL AS ANY AND ALL OTHER DAMAGES AND LOSSES TO PERSONS AND PROPERTY YOU MAY SUSTAIN. YOU HEREBY AGREE TO WAIVE AND RELINQUISH YOUR RIGHT TO FILE A LAWSUIT RELATING TO INJURIES OR DAMAGES OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR PARTICIPATION, AND EXPRESSLY RELEASE XQUARRY AND OUTDOORUAE AND ITS AFFILIATES OF ANY AND ALL CLAIMS, CAUSES OF ACTION, AND RIGHTS AT LAW OR IN EQUITY ARISING FROM OR RELATING TO YOUR PARTICIPATION.

Disclaimer of Warranties, Limitation of Liability, and Indemnification

YOU AGREE TO INDEMNIFY ” XQuarry Adventure Park “AND ITS AFFILIATES, VENDORS AND LICENSORS, AND ALL OF THE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS AND REPRESENTATIVES OF ” XQuarry Adventure Park ” AND ITS AFFILIATES, VENDORS AND LICENSORS, AGAINST, AND TO HOLD ALL OF THEM HARMLESS FROM, ALL COSTS, CLAIMS, DAMAGES, EXPENSES OR OTHER LOSSES, INCLUDING ATTORNEY’S FEES AND COURT COSTS, THAT ARISE FROM OR ARE RELATED TO YOUR PARTICIPATION AND/OR YOUR BREACH/VIOLATION OF OR FAILURE TO COMPLY WITH THE TOU.

Third Party Beneficiaries

The Affiliates of “ XQuarry Adventure Park ” or any OutdoorUAE Event are expressly made Third Party Beneficiaries to this TOU. “Affiliates” shall mean, owners, agents, attorneys, employees, respective assigns, predecessors-in-interest, successors-in-interest, customers and distributors, vendors, sponsors, and any other individual or entity affiliated with or associated with or acting on behalf of any of the foregoing, and all of the foregoing persons’ and entities’ respective past, present and future associates, representatives, owners, members, managers, partners, spouses, attorneys.

Governing Law

You agree that the TOU shall be governed and construed under the laws of the Emirate of Sharjah, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to the TOU or the use of the Websites shall be filed only in the state or federal courts located in Sharjah, United Arab Emirates, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Severability

You agree that if any provision of the TOU shall be found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of the TOU and shall not affect the validity and enforceability of such other provisions.