HKPAPA Aerospace Youth Ambassador Summer Program Terms and Conditions & Liability Waiver
1. Introduction
1.1 The following Terms and Conditions govern participation in the HKPAPA Aerospace Youth Ambassador Summer Program ("Program").
1.2 By enrolling in the Program, participants (or their legal guardians, if under 18 years of age) agree to comply with and be bound by these Terms and Conditions.
1.3 These Terms and Conditions shall be deemed accepted and legally binding upon the participant (or their legal guardian) at the time of completion of the online registration process.
1.4 Participants (or their legal guardians) must provide accurate and up-to-date emergency contact information during the registration process. HKPAPA reserves the right to contact this person in the event of an emergency.
1.5 In the event of any discrepancy between the English and Chinese versions of these Terms and Conditions, the English version shall prevail.
1.6 In the event of a dispute arising out of or in connection with these Terms and Conditions, the parties agree to first attempt to resolve the dispute through good faith negotiation and, if necessary, mediation administered by the Hong Kong International Arbitration Centre (HKIAC) before proceeding to arbitration.
1.7 By accepting these Terms and Conditions, participants (or their legal guardians) acknowledge that they have read, understood, and accept the specific risks associated with aviation activities, including but not limited to the operation of light aircraft and visits to restricted areas.
2. Program Participation
2.1 Participants understand that the Program involves visiting live operational environments such as airports, control towers, and other restricted areas, as well as operating live machinery, including light aircraft.
2.2 Participation in the Program is entirely voluntary, and participants assume all risks associated with the activities, including the risk of serious injury or death.
3. Third-Party Flying Lessons
3.1 The trial flying lessons provided as part of the Program are conducted by a third-party organization licensed by the Civil Aviation Administration of China (CAAC).
3.2 Participants acknowledge that HKPAPA is not responsible for the actions, omissions, or conduct of the third-party organization or its personnel.
3.3 Participants expressly assume all risks associated with the trial flying lessons and waive any and all claims of liability against HKPAPA, its officers, directors, employees, agents, contractors, and affiliates ("Released Parties") for any accident, incident, injury, loss, or damage that may occur during or in connection with the trial flying lessons.
4. No Cancellation, No Refund, No Exchange
4.1 Once enrolled, the participant's place in the Program is confirmed. Due to the nature of the Program, cancellations, refunds, or exchanges are strictly not permitted under any circumstances.
5. Medical Fitness
5.1 Participants must be in good physical and mental health to participate in the Program. Any known medical conditions or allergies must be disclosed to HKPAPA prior to the start of the Program.
5.2 HKPAPA reserves the right to deny participation to anyone it deems medically unfit to participate safely in the Program.
6. Conduct and Compliance
6.1 Participants are required to follow all instructions provided by HKPAPA staff, third-party instructors, and any other authorized personnel during the Program.
6.2 Failure to comply with instructions or any form of misconduct may result in immediate removal from the Program without any refund or compensation.
6.3 Participants are responsible for any damage caused by their actions during the Program. In the event of damage to equipment, property, or injury to others caused by a participant, the participant (or their legal guardians) shall be liable for all associated costs, including but not limited to repair, replacement, medical, and legal fees.
7. Assumption of Risk and Waiver of Liability
7.1 Participants (or their legal guardians) acknowledge that participation in the Program involves inherent risks, including but not limited to, the risk of serious injury or death.
7.2 By participating in the Program, participants (or their legal guardians) expressly assume all risks and waive any and all claims of liability against HKPAPA and the Released Parties for any injury, loss, or damage incurred during or in connection with the Program.
7.3 The Released Parties shall not be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or related to participation in the Program, even if advised of the possibility of such damages.
8. Indemnification
8.1 Participants (or their legal guardians) agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or related to participation in the Program or any damage caused by the participant.
9. Insurance
9.1 Participants (or their legal guardians) are responsible for obtaining and maintaining adequate personal insurance coverage for any injuries, losses, or damages that may occur during participation in the Program.
9.2 Participants (or their legal guardians) are advised to review their personal insurance coverage and understand that they are responsible for any injuries, losses, or damages not covered by HKPAPA.
10. Governing Law and Dispute Resolution
10.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region ("Hong Kong").
10.2 Any disputes arising out of or in connection with these Terms and Conditions shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the notice of arbitration is submitted. The seat of arbitration shall be Hong Kong, and the language of the arbitration shall be English.
11. Severability
11.1 If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
12. Entire Agreement
12.1 These Terms and Conditions constitute the entire agreement between the participant and HKPAPA regarding the Program and supersede any prior agreements or understandings, whether written or oral, relating to the subject matter herein.
13. Reservation of Rights
13.1 HKPAPA reserves all rights to modify, amend, or cancel any part of the Program without prior notice, including but not limited to changes in the schedule, activities, or instructors.
14. Acknowledgment
14.1 By enrolling in the Program, participants (or their legal guardians) acknowledge that they have read, understood, and agree to be bound by these Terms and Conditions.
15. Parental Consent for Minors
15.1 If the participant is under the age of 18, their legal guardian must provide consent for the participant's involvement in the Program. This consent includes agreement to all terms, including the assumption of risk, waiver of liability, and indemnification provisions contained herein.
16. Force Majeure
16.1 HKPAPA shall not be liable for any failure or delay in the performance of its obligations under these Terms and Conditions if such failure or delay is caused by events beyond its reasonable control, including but not limited to natural disasters, pandemics, war, strikes, or government restrictions.
16.2 In the event of a Force Majeure, HKPAPA reserves the right to cancel, postpone, or modify the Program without any obligation to refund fees or provide compensation.
17. Data Protection and Privacy
17.1 HKPAPA is committed to protecting the privacy of participants and will collect, use, and store personal data in accordance with the Personal Data (Privacy) Ordinance (Cap. 486) of Hong Kong.
17.2 Personal data collected during the enrollment process and throughout the Program will be used for Program administration, safety, and communication purposes.
17.3 By enrolling in the Program, participants (or their legal guardians) consent to the collection, use, and storage of their personal data by HKPAPA in accordance with these Terms and Conditions.
18. Media Release
18.1 Participants (or their legal guardians) grant HKPAPA the right to use photographs, videos, and other media taken during the Program for promotional, educational, or other business purposes without compensation.
18.2 Participants (or their legal guardians) waive any rights to inspect or approve the finished media or any printed or digital material that may be used in conjunction with it.
19. Compliance with Aviation Regulations
19.1 Participants acknowledge that the Program involves activities regulated by aviation authorities, including the Civil Aviation Administration of China (CAAC) and relevant Hong Kong authorities.
19.2 Participants agree to comply with all applicable aviation laws, regulations, and rules during the Program, including any instructions provided by authorized personnel.
20. Emergency Protocols
20.1 HKPAPA has established emergency protocols to handle incidents that may arise during the Program. These protocols include first aid response, evacuation procedures, and communication with guardians in case of an emergency.
20.2 Participants are expected to follow all emergency instructions provided by HKPAPA staff or third-party personnel during the Program.
21. Jurisdictional and Cross-Border Considerations
21.1 Participants acknowledge that the Program may involve activities subject to the laws and regulations of multiple jurisdictions, including Hong Kong and Mainland China.
21.2 Participants agree that they are solely responsible for complying with all applicable laws in each jurisdiction and that HKPAPA shall not be liable for any legal issues arising from cross-border activities.
22. Participant Code of Conduct
22.1 Participants are expected to behave in a respectful and responsible manner throughout the Program. This includes following all safety instructions, respecting property, and adhering to the directions of HKPAPA staff and third-party instructors.
22.2 Any participant who fails to comply with the Code of Conduct may be immediately removed from the Program without a refund or compensation.
23. Extended Indemnification
23.1 In addition to indemnifying HKPAPA, participants (or their legal guardians) agree to indemnify, defend, and hold harmless any third-party contractors, service providers, or instructors involved in the Program, including the CAAC-licensed flying school, from and against any and all claims, demands, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or related to participation in the Program.
24. Health and Safety Disclaimers
24.1 Participants acknowledge that participation in the Program may require adherence to specific health and safety protocols, including wearing protective gear and following safety procedures.
24.2 Failure to comply with health and safety requirements may increase the risk of injury, and participants (or their legal guardians) assume all responsibility for any consequences resulting from non-compliance.
25. Program Modifications Due to Operational Reasons and Periodic Review
25.1 Participants acknowledge and agree that, due to the nature of the Program, HKPAPA reserves the right to make changes to the Program at any time and for any reason, including but not limited to operational, safety, or regulatory requirements.
25.2 Such changes may include, but are not limited to, the addition, cancellation, rescheduling, or postponement of any lessons, activities, or events included in the Program.
25.3 HKPAPA shall make reasonable efforts to inform participants of any significant changes to the Program as soon as practicable.
25.4 In the event of such modifications, participants shall not be entitled to any refund, compensation, or other remedy, unless HKPAPA, in its sole discretion, determines otherwise.
25.5 HKPAPA shall not be held liable for any losses, damages, or inconveniences arising from any modifications to the Program, including but not limited to any changes in the schedule, activities, instructors, or locations.
25.6 HKPAPA reserves the right to periodically review and update these Terms and Conditions to ensure they remain compliant with legal standards and industry practices.
25.7 Participants (or their legal guardians) will be notified of any significant changes to these Terms and Conditions, and continued participation in the Program will constitute acceptance of the updated terms.
26. Periodic Review
26.1 HKPAPA reserves the right to periodically review and update these Terms and Conditions to ensure they remain compliant with legal standards and industry practices.
26.2 Participants (or their legal guardians) will be notified of any significant changes to these Terms and Conditions, and continued participation in the Program will constitute acceptance of the updated terms.
27. Reservation of Rights
27.1 HKPAPA reserves all rights to modify, amend, or cancel any part of the Program without prior notice, including but not limited to changes in the schedule, activities, or instructors.
28. Acknowledgment
28.1 By enrolling in the Program, participants (or their legal guardians) acknowledge that they have read, understood, and agree to be bound by these Terms and Conditions.