You agree that in consideration of the mutual promises and covenants given in this Agreement (the sufficiency of which is hereby acknowledged), that all preparations for, undertaking and consequences of, your Record Attempt (as defined in section 4) are governed by the following provisions. We want you to be successful! To do this, you will need the correct information before attempting a Pakistan Guinness Records record title. PROPOSALS
1. PGR receives a large number of proposed record titles. Only some proposed record titles are suitable to become official PGR record titles (“PGR Record Title”).
2. Your Proposed Record Title will only be deemed to be a PGR Record Title if you have received the following from PGR:
2.1 a claim number in relation to your Proposed Record Title (“Claim ID”); and
2.2 email confirmation that the Proposed Record Title is accepted as a PGR Record Title; and
2.3 a definition of the PGR Record Title you will attempt to break and related guidelines which you will need to comply with (“Guidelines”). (collectively “Record Attempt Information”).
3. If you attempt the Proposed Record Title before you receive the Record Attempt Information, you accept that the Proposed Record Title may not be recognised by PGR as a PGR Record Title.
4. A PGR Record Title attempt must be made in accordance with the Guidelines and these Terms (“Record Attempt”). PERMISSION TO CONTRACT WITH PGR Being able to enter into a valid agreement with you is important for you and for us. We have provided the necessary guidance below. MINORS AND CHILDREN
5. If you or any of the people undertaking the Record Attempt are under 18 years of age or considered a minor in the jurisdiction of the Record Attempt, you must have your parent or guardian read these Terms and agree on your behalf that your Record Attempt is subject to these Terms.
6. If you are considered a minor in your jurisdiction at the time you read and accept this document and your parent or legal guardian has not read and accepted this document, or the relevant jurisdiction does not recognise the validity of documents signed by parents or legal guardians on behalf of minors, your Record Attempt will not be recognised by PGR. COMPANIES, ORGANISATIONS AND GROUPS
7. If you are a company, organisation or group of people (“Group”), this Agreement must be read, agreed and accepted by a person who has been nominated by the Group as the representative and with the authority to enter into this Agreement on their behalf and only one person per Group may be nominated to act in such capacity. AGENCIES, EMPLOYEES AND CONTRACTORS
8. If you are engaged, employed or contracted to organize a Record Attempt on behalf of an individual, company, organisation or group of people, you must have each persons’ consent (by way of your own separate agreement) to enter into, and accept this Agreement. SAFETY Pushing the limits of achievement can be a dangerous activity and may cause injury. Please ensure you put in place appropriate safety measures and obtain professional safety advice. DECISION TO PROCEED WITH RECORD ATTEMPT
9. YOU ACKNOWLEDGE THAT THE RECORD ATTEMPT, (EVEN WHEN CONDUCTED IN ACCORDANCE WITH THE GUIDELINES AND ANY SAFETY ADVICE AS MAY BE RECEIVED BY YOU FROM TIME TO TIME) MAY BE DANGEROUS TO YOU AND OTHERS AND YOU ACKNOWLEDGE AND AGREE THAT YOU WILL BE ENTIRELY RESPONSIBLE, AT ALL STAGES OF THE RECORD ATTEMPT FOR:
9.1 DECIDING WHETHER OR NOT TO PROCEED;
9.2 ALL SAFETY ASPECTS IN RELATION TO ITS PREPARATION AND/ OR ITS UNDERTAKING; AND
9.3 ANY AND ALL INJURY TO YOURSELF OR OTHERS WHICH IS CAUSED BY THE RECORD ATTEMPT. COSTS AND ADVICE 1
10. YOU HAVE, AT YOUR SOLE EXPENSE, TAKEN ALL APPROPRIATE PROFESSIONAL SAFETY ADVICE IN RELATION TO ALL ASPECTS OF RISK, INSURANCE AND SAFETY CONNECTED WITH THE RECORD ATTEMPT INCLUDING BUT NOT LIMITED TO:
10.1 IDENTIFYING ANY POSSIBLE RISKS TO YOURSELF, OTHER PARTICIPANTS AND ANY SPECTATORS; 10.2 IDENTIFYING AND OBTAINING MEDICAL AND OTHER RESOURCES THAT WILL BE READILY ACCESSIBLE AT THE LOCATION OF THE RECORD ATTEMPT; AND
10.3 TAKING ALL NECESSARY PRECAUTIONS AND MEASURES EITHER IDENTIFIED IN SUCH ADVICE OR IN ACCORDANCE WITH HEALTH AND SAFETY GUIDELINES ISSUED BY ANY RELEVANT PERSON, BODY OR AUTHORITY. LIABILITY
11. YOU AGREE THAT EXCEPT WHERE ARISING OUT OF PGR’S NEGLIGENCE (OR WHERE YOU ARE RESIDENT IN THE UNITED STATES OF AMERICA, PGR’S GROSS NEGLIGENCE), PGR, ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARENT GROUP AND/ OR SUBSIDIARIES WILL HAVE NO RESPONSIBILITY FOR THE SAFETY OF ANY PART OF THE RECORD ATTEMPT AND WILL NOT BE LIABLE TO YOU OR YOUR PERSONAL REPRESENTATIVES FOR ANY LOSS, DAMAGE OR INJURY TO YOURSELF OR THE GROUP, OR YOUR OR THE GROUP’S PROPERTY IN CONNECTION WITH THE RECORD ATTEMPT. YOU AGREE TO INDEMNIFY PGR AGAINST CLAIMS BY THIRD PARTIES FOR INJURIES ARISING OUT OF YOUR RECORD ATTEMPT.
12. PGR DOES NOT PROVIDE ANY SAFETY ADVICE. ANY CORRESPONDENCE YOU RECEIVE FROM PGR RELATING TO SAFETY IS BY WAY OF EXAMPLE ONLY, NON-EXHAUSTIVE AND WILL IN NO WAY DETRACT FROM YOUR RESPONSIBILITIES SET OUT HEREIN.
13. ANY GUIDELINES SENT TO YOU BY PGR WILL MERELY CONTAIN A DEFINITION OF THE RECORD ATTEMPT YOU WILL BE UNDERTAKING AND ARE IN NO WAY INTENDED TO PROVIDE ANY KIND OF SAFETY ADVICE OR TO BE CONSTRUED AS PROVIDING ANY COMFORT TO YOU THAT THE RECORD ATTEMPT IS FREE FROM RISK. ADJUDICATION AND AUTHENTICATION Did you know you can arrange for an official PGR adjudicator to attend your Record Attempt? PGR ADJUDICATOR
14. You may request that a PGR adjudicator attend your Record Attempt. PGR will be under no obligation to agree to such a request, but if agreement is reached, PGR may require that you pay a fee and expenses, which may include at PGR’s sole determination, airfare, accommodation and a daily attendance fee for the adjudicator.
15. If PGR agrees to provide an adjudicator for your Record Attempt, it is agreed that the Parties will enter into a separate agreement for such services. ACCURACY OF GUIDELINES AND RECORD INFORMATION 16. PGR will provide you with Guidelines in relation to your Record Attempt. You understand that the Guidelines sent to you will be for achieving a record recognized by PGR as at the date when the Guidelines are sent out to you.
17. You agree that PGR may update or amend the Guidelines at any time without notifying you. It is your responsibility to obtain the latest guidelines from PGR before making the Record Attempt and, if any aspect of the Guidelines is unclear, you may contact our records management team by posting an enquiry from the members’ area of PGR’s website at www.pakistanguinnessrecords.pk.
18. Any current record information PGR provides to you is obtained from PGR’s private database of world records (the “Database”). While reasonable endeavours are made to ensure the Database is accurate, PGR offers no guarantee or warranty as to the accuracy of the information provided to you.
19. You accept that records may change at any time due to a new record being achieved.
20. You acknowledge that any PGR category or record may be reviewed, rested or disqualified at any point at PGR’s sole discretion without notifying you. You are responsible for keeping yourself up to date with any new records as PGR will not inform you of any change to current records. RECORD ATTEMPT DECISIONS
21. PGR will, at its sole discretion, decide whether any Record Attempt has been successfully completed in accordance with any Guidelines sent to you (“Record”). You agree that, in the event of any dispute in relation to the interpretation of the Guidelines or the success of a Record Attempt, PGR’s decision will be final and PGR is under no obligation to enter into further correspondence with you.
22. You agree that PGR will have no liability for any loss suffered by you, the Group or third parties as a result of PGR deciding that you have or have not been successful in any Record Attempt. SUPPORTING MATERIALS AND EVIDENCE We have set out important information about how we use the evidence you submit to us. Please ensure you have read and understood the rights you are granting to us. EVIDENCE: GUIDANCE AND SUBMISSION
23. The Guidelines you receive contains guidance relating to the supporting evidence and materials you have to submit with your claim (the “Evidence”).
24. Following completion of your Record Attempt, you must submit your Evidence in accordance with the guidance provided to you and these Terms in order to enable PGR to decide whether or not your Record Attempt has been successful. EVIDENCE: INTELLECTUAL PROPERTY RIGHTS
25. You represent and warrant that you have all the rights, power and authority necessary to grant PGR intellectual property rights (“IPR”) in the Evidence. You agree to:
25.1 grant PGR an exclusive, irrevocable, royalty free, transferable, sub-licensable, worldwide licence in perpetuity to use, copy, reproduce, process, adapt, publish, transmit, display and distribute such IPR in any and all media or distribution methods (now known or later developed). You agree that this licence includes the right for PGR to promote its own brand, commercial products and to make the IPR available to other companies, organisations or individuals who partner with PGR for the syndication, broadcast, distribution or publication of the IPR on other media and services. Such additional uses by PGR, or other companies, organisations or individuals who partner with PGR, may be made with no compensation to you; and
25.2 waive unconditionally any moral rights you may have in relation to the Evidence, such that, without limitation, PGR has no obligation to identify you as the author or creator of the Evidence and you will have no right to object to the manner in which PGR uses the Evidence. RESPONSIBILITY FOR EVIDENCE USAGE
26. You are responsible for the Evidence that you submit to PGR, and for any consequences thereof, including the use of your evidence by our third party partners.
27. You understand that your Evidence may be syndicated, broadcast, distributed or published by our partners and if you do not have the right to submit Evidence for such use, it may subject you to liability. 28. PGR will not be responsible or liable for any use of the Evidence in accordance with these Terms.
