In relation to the record attempt ('Record Attempt') of:
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This Agreement dated 26 May 2011
Between
GUINNESS WORLD RECORDS LTD (hereafter referred to as 'GWR'/'us'/'we'), Company Number
00541295, of 3rd Floor, 184-192 Drummond Street, London, NW1 3HP UK and 'you'
Capt.Chandra Shekhar Gupta
CEO
AeroSoft Corp
108 Ambikapuri Extn
Airport Road
Indore
Madhya Pradesh
India
** The exact title of the record is subject to change and GWR may offer you a valid
alternative record if your suggestion is not acceptable.
Until you read and accept all sections of this Agreement, GWR in no way encourages,
authorises or permits any Record Attempt to be carried out and we will have absolutely
no connection with or authorise any Record Attempt carried out before such acknowledgement.
Terms And Conditions
These terms and conditions shall apply to your Record Attempt. 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 of and consequences of, your Record Attempt shall be governed by the following provisions.
1. Authority
a. A Record Attempt shall only be deemed “authorised” by GWR when you have received from GWR:
i. A claim number in relation to the Record Attempt (“Claim ID Number”); and
ii. Email confirmation via the on-line claims process that the proposed Record Attempt set out by you has been agreed and accepted; and
iii. Email definition of the Record Attempt that you will attempt to break (“Guidelines”).
b. 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 conditions and agree on your behalf that your Record Attempt
is subject to these terms and conditions. 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, your Record Attempt will not be valid or recognized by GWR.
c. 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.
d. 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.
2. Safety in Record Attempts
a. 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:
i. Deciding whether or not to proceed with;
ii. All safety aspects in relation to the preparation for and/or the undertaking of; and
iii. Any and all injury to yourself or others which is caused by; the Record Attempt.
b. You have, at your sole expense, taken all appropriate professional safety advice in relation to all aspects of risk and
safety connected with the Record Attempt including but not limited to:
i. Identifying any possible risks to yourself, other participants and any spectators; and
ii. Identifying and obtaining medical and other resources that shall be readily accessible at the location of the Record Attempt;
iii. 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.
c. EXCEPT WHERE ARISING OUT OF ITS OWN NEGLIGENCE, GWR SHALL HAVE NO RESPONSIBILITY FOR THE SAFETY OF ANY PART OF THE RECORD ATTEMPT AND ON BEHALF OF YOURSELF, YOUR HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS, YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE GWR, ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, AND SUBSIDIARIES FROM ANY AND ALL CLAIMS FOR ANY LOSS, DAMAGE OR INJURY TO YOURSELF OR YOUR PROPERTY IN CONNECTION WITH THE RECORD ATTEMPT. YOU ALSO AGREE TO INDEMNIFY GWR AGAINST CLAIMS BY THIRD PARTIES FOR INJURIES ARISING OUT OF YOUR RECORD ATTEMPT.
d. Any safety advice provided to you by GWR will be by way of example only, non-exhaustive and will in no way detract from
your responsibilities set out herein.
e. Any Guidelines sent to you by GWR 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.
3. Adjudication and Authentication
a. You may request that a GWR adjudicator attend your Record Attempt. GWR will be under no obligation to agree to such a
request but if so, GWR may require that you pay a fee and expenses, which may include at GWR’s sole determination, airfare,
accommodation and daily attendance fee for the adjudicator. If GWR agrees to provide an adjudicator for your Record Attempt,
it is agreed that the parties shall enter into a separate agreement for such services.
b. GWR shall provide you with Guidelines in relation to your Record Attempt. You understand that the Guidelines send to you
will be appropriate for achieving a record recognized by GWR as at the date when the Guidelines are sent out to you and that
these Guidelines are not intended to replace common sense or professional advice regarding issues related to safety in
connection with the Record Attempt. You acknowledge that Guidelines may be updated or amended at any time and without
further notice to you. It is your responsibility to contact GWR before making the Record Attempt if any aspect of the
Guidelines is unclear. You can contact our records management team by posting an enquiry from the member’s area of the
website (www.guinnessworldrecords.com).
c. GWR shall, at its sole discretion, decide whether any Record Attempt has been successfully completed in accordance
with any Guidelines sent to you (“Record”), and note that in the event of any dispute in relation to the interpretation
of the Guidelines or the success of a Record, GWR’s decision shall be final and no further correspondence will be entered into.
d. Any current record information provided is provided only to the best of GWR’s knowledge and belief as at the date on
which the information is provided to you and is based on the information currently logged on the Guinness World Records®
database. The current record may change at any time due to a new record being approved. It is also acknowledged that any
Guinness World Records® category or Record may be reviewed and rested or disqualified at any point in GWR’s sole discretion
and without notice to you. You are responsible for keeping yourself up to date with any new records as GWR will not inform
you of any change to the current record.
4. Support Materials and Evidence
a. Before your record attempt you will receive the Guidelines for the record you intend to break or set. With
the Guidelines you will also receive three 'Schedules' which relate to the supporting evidence and materials you have
to submit with your claim.
b. Following completion of your Record Attempt, you must submit Materials in accordance with the guidance specified
in Schedule One in order to enable GWR to decide whether or not your Record Attempt has been successful.
c. To the extent that you own the copyright in any Materials submitted to GWR, you hereby:
i. grant to GWR an exclusive, royalty free licence in perpetuity to use such Materials in connection with the publishing
and marketing of any of GWR’s publications and/or the exploitation of the GWR brand in any other media from time to time;
ii. agree to waive unconditionally all moral rights owned by you in relation to any Materials submitted to GWR, such that,
without limitation, GWR has no obligation to identify you as the author or creator of any such Materials and you will have
no right to object to the manner in which GWR treats those Materials.
d. Where you do not own the Material supplied to GWR, you must obtain from each owner of such Material submitted in the
form attached at Schedule Three and submit this with your evidence as outlined in Schedule One. If this is the case,
to accompanying the submission of Materials, please therefore ensure that Schedule Three ‘SUPPORTING MATERIAL RELEASE(S)” is/
are signed and returned to us.
e. Where you do not own the Material supplied to GWR and are unable to obtain the owner’s permission to use such material –
common examples being newspaper text and photographs and broadcast News footage – we would still like to see any such material
as part of the process to corroborate your claim. We will not use Material (other than for evidential purposes) where we do not
have written agreement to do so.
f. If the documentation you provide is not sufficient we may reject your claim for insufficient evidence and destroy the
material you sent in within one month. It is your responsibility to make sure we receive a full claim.
5. Successful Record
a. If your Record Attempt is considered and authorised by GWR as being successful GWR will provide you with a certificate
recognizing the Record and it will be included in the Guinness World Records® private database of world records.
b. GWR may, at its sole discretion, allow details of your Record to be given to third parties, including the media and the
general public.
c. GWR will be under no obligation to include the Record, or any details in relation to it, in any edition of the Guinness
World Records® book or any other Company publication, website, television show or other medium in which the Company exploits
its brand but if it is included, you acknowledge that the Company (or its third party licensees) shall not be liable in any
way for any error in respect of any details associated with the Record or the Record Claimant.
6. Warranty and Indemnity
a. You warrant and undertake to us:
i. You warrant that all information that you submit to GWR in association with the Record Attempt will, to
the best of your knowledge, be true and accurate in all respects; and
ii. that you are fully entitled to assign the Material to us and that nothing in the contribution (whether by way of
inflection or gesture or otherwise) will infringe the copyright, right of privacy, right of publicity, trade marks or
any other right of any person, breach any contract or duty of confidence, constitute a contempt of court, be defamatory
or be calculated to bring any person into disrepute.
b. You shall indemnify on demand and hold harmless GWR (and, as applicable from time to time, GWR’s parent, subsidiaries,
affiliates, officers, directors, licensees, assignees, agents and employees) from and against any and all losses, demands,
claims, damages, costs, expenses (including reasonable legal fees) and liabilities suffered or incurred by GWR as a result
of a claim by a third party arising out of your breach of any provision of these terms and conditions.
7. General Provisions
a. All photographs of you, and all “personal data” (as defined in the Data Protection Act 1998) provided by you to GWR
(including your name, contact details, age and occupation) will be held and used by GWR and its affiliates and licensees for
the purposes of:
i. processing your application to undertake a Record Attempt;
ii. publishing and marketing any of GWR’s publications; and
iii. exploiting the GWR brand in any other media;
and you consent to the transfer of such personal data to any GWR duly authorised licensee and/or any GWR duly authorised
representative for such purposes and to the transfer of such personal data to countries outside of the European Economic
Area for such purposes, and you waive any and all claims against GWR, its licensees and assignees, based on rights of
publicity or privacy.
b. Trademark use
i. You acknowledge that the words "GUINNESS WORLD RECORDS" and the "star and column" logo are trademarks of GWR and are
protected by trade mark registrations or applications for registrations throughout the world and as such their usage is
restricted. However, once GWR has authorised your Record Attempt and/or once GWR authorises you as having achieved a Record,
you may without consulting GWR:
1. issue press releases stating your intention to break a Guinness World Records® Record, or your success in doing so;
2. state in media interviews that you are making a Guinness World Records® Record Attempt, or that you have done so successfully;
provided that the words are used in the body of the text, and not in headlines.
ii. You may not use the GWR Logo anywhere on any press release, or in any other fashion.
iii. You agree that you will only use the words ‘Guinness World Records®’ to the extent necessary to identify and describe
your Record Attempt, and you agree to refrain from using the GWR Logo, or doing anything that in any way suggests an affiliation
with GWR other than your Record Attempt.
iv. You agree that you will not use the Guinness World Records® mark for any commercial purpose whatsoever, including published
accounts of your experiences as a record attempter or holder. Any usage other than described above requires a license from GWR.
For further information you may contact Guinness World Records.
c. These Terms and Conditions supersede any previous agreements between the parties relating to any Record Attempt or Record and
no representations made by or on behalf of GWR in relation to any Record Attempt or Guinness World Records® achievement shall form
part of these Terms and Conditions (provided that nothing in these terms and conditions shall be deemed to exclude or restrict
GWR’s liability to you for its fraudulent misrepresentations).
d. These Terms and Conditions have been drawn up in English. Although translations in other languages of these Terms and
Conditions may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of
any conflict between the English language version of these Terms and Conditions and any other translations thereof, the English
language version shall prevail.
e. A person who is not a party to these terms and conditions has no rights under the Contracts (Rights of Third Parties) Act 1999
to rely upon or enforce any provision of these terms and conditions but this does not affect any right or remedy of a third party
which exists or is available apart from that Act.
f. If any term, condition or provision of these Terms and Conditions is determined to be unlawful, invalid, void or for any reason
unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected
or impaired.
g. This Agreement may be freely assigned or licensed by us.
h. THIS AGREEMENT AND ALL MATTERS ARISING OUT OF YOUR RECORD ATTEMPT SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH ENGLISH
LAW AND SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE ENGLISH COURTS, AND YOU WAIVE ANY AND ALL OBJECTIONS YOU MIGHT OTHERWISE
HAVE TO VENUE, OR TO THE PERSONAL JURISDICTION OF THE ENGLISH COURTS.
By reading and accepting this Agreement, you acknowledge and agree that it shall constitute the terms of your Record Attempt.
Without your agreement your Record Attempt will not be valid.
I HAVE READ AND UNDERSTAND ALL OF THE FOREGOING TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM IN EXCHANGE FOR THE OPPORTUNITY
TO ACHIEVE A RECORD.
I confirm I have read and agree to all sections of the Terms and Conditions.
Capt Shekhar Gupta
CEO
AeroSoft Corp
Please keep a copy of this email for your own records.
Kind Regards,
Guinness World Records
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