In order to participate in Legendary event on 14-15^th September, 2024 (the “Event”), Oner Active UK Ltd, including any Affiliates (meaning any one of Oner Active UK Ltd or its subsidiaries, holding companies or any subsidiary of a holding company (in each case as defined by the Companies Act 2006)) (hereinafter “we”, “Company” or “Oner Active”) must receive your consent to the terms and conditions contained in this form (“Consent”) and your acknowledgement and release (“Release”) in advance of the Event.  Please read the information below carefully and thoroughly, and if you agree to these terms and conditions, please confirm your agreement by ticking the ‘I agree’ button.

Photo Waiver - Photography & Video Privacy Notice & Consent Form

Introduction 

We are committed to ensuring that any photographs and videos of you at the Event (the “Images”) are captured and used in accordance with applicable laws. For data protection purposes we are the controller of (and responsible for) the personal data comprising the Images and (where applicable) your contact details and any related personal data.  

This Consent supplements and is additional to Oner Active’s general Privacy Notice which can be viewed here. This Consent explains why we are seeking consent to capture the Images, how we intend to use and process the Images, your right to withdraw your consent over our processing of the Images and the procedures we have in place to protect the Images.  

• What are you consenting to?

You are consenting to Oner Active and/or subcontractors hired on behalf of the Company for the Event taking Images of you participating in the Event. 

• How will the Images be used by Oner Active and for what purpose?

The Images will be copied and will be published on the Oner Active website contained at this URL ], and also on the social media accounts of Oner Active and Krissy Cela, including without limitation those linked here: Instagram, YouTube, TikTok, Facebook, X, Pinterest, Snap and Krissy Cela Instagram , Krissy Cela Youtube. The Images will be copied and published for the purpose of promoting the Event and the Company’s products (“Permitted Purpose”)

• What is the legal basis for collecting and processing the Images?

Your explicit consent is required for us to obtain Images and use them for the Permitted Purpose

• Who will we share the Images with?

We will never provide copies of the original digital Images. Images will be available to be viewed, copied and downloaded by the general public after they have been published by us. We will not include your full name against any of the Images (unless you have consented to us doing so). 

• How do we protect your Images?

We have internal policies and strict controls in place to ensure that the Images are not lost, misused and to prevent unauthorised access. Our security measures are detailed in Oner Active’s general Privacy Notice.

• Where do we store your images?

The Images will be stored on our secure computer systems or secure electronic devices located in the UK.

• How long do we retain your personal data?

We will retain Images for only as long as it is necessary to undertake the Permitted Purposes.

• Your rights with respect to your Images

As a data subject, you have a number of rights. You can:

• Withdraw your consent at any time;
• Request that we send you a digital copy of the Images;

If you wish to exercise any of these rights at any time, please contact Yasmin Dhaliwal at yasmin.dhaliwal@oneractive.com

By ticking the box you hereby to give your consent to Oner Active for the following:

1. To capture the Images.
2. To process the Images for the Permitted Purpose.
3. To store the Images in accordance with this Consent

All matters arising out of or relating to this Consent shall be governed by and construed in accordance with the laws of England and Wales. The Courts of England shall have non-exclusive jurisdiction over any claim, dispute or matter arising under or in connection with this Consent and you waive any objection to proceedings in such Court on the grounds of the venue or on the grounds that proceedings have been brought in any inconvenient forum.

Agreement, Release and Waiver of Liability

Disclaimer: You should always consult with your doctor before beginning any type of exercise or physical liability. This form is an important legal document. It explains the risks you are assuming by participating in any exercises at the Event.  It is critical you read and understand this Release completely. After you have done so, please confirm your agreement by ticking the ‘I agree’ button.

Waiver, Informed consent, and covenant not to sue

I have volunteered to participate in a class, course or program containing physical exercise under the direction of Oner Active, including but not limited to weight/or resistance training. In consideration of Oner Active’s agreement to grant me access to the Event and participate in the various activities at the Event, including you instructing, assisting, and training me at the Event, I do here release and discharge and hereby hold harmless Oner Active and its officers, directors, manager(s), employees, agents, affiliates, shareholders, successors, and assigns (collectively, "Releasees"), from any and all claims, demands, damages, rights or causes of action, present and future, arising out of or connected with my participation in the Event including any injuries resulting therefrom. This waiver and release from liability includes, without limitation, injuries which may occur as a result of (1) my use of all amenities and equipment at the Event, and facilities or premises and my participation in any activity, class program, personal training or instruction at Event (2) any equipment malfunction at the Event or (3) the negligent instruction or supervision by any the Releasees at the Event.

Assumption of Risk

I am in good physical condition and have no disease, physical limitation, health concern or injury that would be aggravated or would be the cause of any injury sustained, before, during or as a result of my participating in activities related either directly and/or indirectly to Oner Active.

I recognise that exercise might be difficult and strenuous and there could be dangers inherent in exercise for some individuals. I acknowledge that the possibility of certain unusual physical changes during exercise does exist. These changes include abnormal blood pressure; fainting; disorders in heartbeat; heart attack; and, in rare instances, death.

I understand that as a result of my participation in an exercise or other program at the Event, I could suffer an injury or physical disorder that could result in my becoming partially or totally disabled and incapable of performing any gainful employment or having a normal social life.

I recognise that an examination by a physician should be obtained by all participants prior to involvement in any exercise or physical program. If I have chosen not to obtain a physician’s permission prior to beginning this exercise or physical program with Oner Active at the Event.

I HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING OUT OF OR RELATED TO MY PARTICIPATION IN THE EVENT.

To the maximum extent permitted by applicable law, I shall defend, indemnify, and hold harmless the Oner Active and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by the Oner Active or any other Releasees arising out of or resulting from any claim of a third party related to my participation in the Event.

All matters arising out of or relating to this Release shall be governed by and construed in accordance with the laws of England and Wales. The Courts of England shall have non-exclusive jurisdiction over any claim, dispute or matter arising under or in connection with this Release and you waive any objection to proceedings in such Court on the grounds of the venue or on the grounds that proceedings have been brought in any inconvenient forum.

BY TICKING THIS BOX, I AGREE THAT I HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO PARTICIPATING IN THE EVENT, I AGREE TO BE BOUND BY, THESE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY. IF I AM NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN I DO NOT HAVE ONERACTIVE’S PERMISSION TO PARTICIPATE IN THE EVENT. MY TICKING THIS BOX CONSTITUTES AN AGREEMENT BY ME YOU TO BE BOUND BY THESE TERMS.