PLEASE READ THESE CLUB RULES, TERMS AND CONDITIONS CAREFULLY.
1. CLUB RULES
In these rules: the “Member” means the person whose name and signature appears in the boxes below. All membership applications are subject to verification by Dubai Ski Club. Dubai Ski Club will notify the Member in the event that the Member’s membership application has been accepted.
The Member is obliged to provide correct details, when the Member applies for Dubai Ski Club membership and the Member’s failure to do so may invalidate the Member’s membership and any subsequent transaction. The Member’s responsibility to provide accurate information is a continuing obligation, and the Member must notify Dubai Ski Club in the event that any information provided by the Member changes. The Member’s membership is personal to the Member and is not transferable. The Member is responsible for ensuring that no-one uses his or her membership.
2. MEMBERSHIP FEES, CANCELLATIONS AND RENEWALS
Current membership you find at “Membership”. Any increase in membership fees will be notified through a newsletter or on the Website.
The Member’s membership fee is non-refundable. However, Dubai Ski Club may at its sole discretion elect to refund the Member’s membership fee in whole or in part depending on the circumstances relating to the cancellation of any membership.
Dubai Ski Club reserves the absolute right to cancel or suspend the Member’s membership (at its sole discretion) for any reason whatsoever. If Dubai Ski Club cancels the Member’s membership for a reason not arising from a breach by the Member of these rules, it has the option (in its sole discretion) to refund the balance of the annual membership fee on a time apportionment basis in respect of the unexpired period to which the annual membership fee relates. Clause 3 below survives the cancellation, termination and/or natural expiry of the Member’s membership.
Membership fees are due on acceptance of the Member’s membership application and annually thereafter, when the new membership card is collected.
3. LIABILITIES AND ASSUMPTION OF RISK
The Member acknowledges that skiing is a dangerous activity, with inherent risks of serious personal injury. By engaging in skiing the Member assumes these risks. The Member undertakes to abide by all rules, regulations, by-laws and codes of conduct of Ski Dubai and all instructions given from time to time by Ski Dubai representatives. The Member also undertakes to abide by and adhere to the Dubai Ski Club Code of Conduct as published from time to time, which is incorporated into and forms part of these rules.
Save in respect of death and/or personal injury caused by the proven wilful or reckless misconduct of Dubai Ski Club and/or its representatives and/or office bearers from time to time (hereinafter referred to as collectively as “Dubai Ski Club Interests”), and/or losses caused by proven fraud of Dubai Ski Club Interests, the Member acknowledges and agrees on behalf of his or herself and on behalf of his/her successors and heirs, that Dubai Ski Club Interests shall not be liable for any loss, cost, expense or damage of any nature whatsoever and howsoever arising (whether direct or indirect and whether arising in and/or from contract, tort, negligence or otherwise, and including consequential losses and/or loss of income) arising from or connected with any services and/or products provided by Dubai Ski Club Interests and/or activities organised by Dubai Ski Club Interests. In the event of death and/or personal injury and/or losses arising from proven fraud for which Dubai Ski Club Interests are liable for under this clause or otherwise, Dubai Ski Club Interests’ aggregate liability will be limited to a maximum of AED2,000 in total.
The Member acknowledges and agrees that any services, discounts, benefits, products or promotions (hereinafter collectively referred to as the “Benefits”) provided to members of Dubai Ski Club by Dubai Ski Club Interests and/or by third parties are provided expressly without any representation and/or warranty and/or guarantee by Dubai Ski Club Interests concerning the suitability, quality and/or fitness for purpose of such Benefits.
The Member acknowledges and agrees that at all times he or she is fully responsible for his or her actions and/or omissions, including in instances where he or she is and/or has been participating in a Dubai Ski Club event and/or is wearing items and/or using equipment which identifies the Member as a member of Dubai Ski Club. The Member agrees to indemnify Dubai Ski Club Interests in full for any loss, damage, claims and/or demands made by any person and/or party against Dubai Ski Club Interests (including in respect to legal and other expenses incurred by Dubai Ski Club Interests) arising out of or in connection with any action and/or omission of the Member.
The Member undertakes to ensure that he or she has health insurance, which will cover him or her for any personal injury sustained during skiing and/or functions and/or activities organised by or on behalf of Dubai Ski Club Interests.
The exclusions and limits in this clause operate, and are to be construed, separately and independently in respect to each part of any claim made against Dubai Ski Club Interests, subject always to the limit of AED2,000 being the maximum aggregate liability of Dubai Ski Club Interests for the total of all parts of any given claim. In this regard, if any exclusion(s) and/or limit(s) are found to be unenforceable for any reason whatsoever in respect to part or parts of any given claim, it is expressly agreed and understood that the exclusions, limits and/or indemnities will still apply in respect to the remaining part or parts of the claim notwithstanding such unenforceability.
4. CHANGES TO THESE CLUB RULES, INTERPRETATION AND DISPUTE RESOLUTION
Dubai Ski Club may vary these Terms and Conditions from time to time and will notify the Member of any changes in a timely manner. Notification will be by some or all of the following media:
Dubai Ski Club newsletter, website or e-mail.
These rules constitute a contract between Dubai Ski Club (and its chairman, office bearers and representatives from time to time) and the Member. Any dispute arising under or in connection with these rules shall be referred to arbitration in Dubai under the DCCI Rules of Commercial Conciliation and Arbitration (as amended from time to time) by a sole arbitrator appointed by Dubai International Arbitration Centre. The arbitration will be conducted in the English language and UAE law will apply.