Date of race - 18th October 2015
You must agree to the terms and conditions before we can allow your entry into the Ocean Floor Race.
READ THIS DOCUMENT CAREFULLY BEFORE TICKING TO SAY YOU AGREE, THIS DOCUMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS, AND WILL LIMIT OR ELIMINATE YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS. YOU MAY WISH TO TAKE INDEPENDENT LEGAL ADVICE.
1. I HEREBY ACKNOWLEDGE AND ASSUME ALL OF THE RISKS OF PARTICIPATING IN THIS EVENT. I acknowledge running and/or other portions of this Event are inherently dangerous and are an extreme test of my physical and mental limits that carries with them the potential for serious bodily injury, permanent disability, paralysis and death, and property damage or loss. I acknowledge and agree that it is my responsibility to determine whether I am sufficiently fit and healthy enough to safely participate in the Event, to take out and maintain suitable insurance cover against any injury I might sustain due to my participation and I attest and certify that I am or will be sufficiently fit and physically trained to participate in the Event, which I elect to enter. I certify that I have not been advised against participation in the Event by any healthcare provider. I have no physical or mental condition that would endanger myself or others if I participate in the Event, or would interfere with my ability to safely participate in the Event. I accept responsibility for the condition and adequacy of my competition equipment and my conduct in connection with the Event. I understand and acknowledge that there may be vehicle or pedestrian traffic on the course route, and I assume the risk of running and/or other portions of this Event and participating under these circumstances. I also assume any and all other risk associated with participating in this Event, including but not limited to the following: falls, dangers of collisions with vehicles, pedestrians, other participants, and fixed objects; the dangers arising from surface hazards, equipment failure, inadequate safety equipment; and hazard that may be posed by spectators or volunteers; and weather conditions. I further acknowledge that these risks include risks that may be the result of negligent acts, omissions, and/or carelessness of the Released Parties, as defined herein. I understand that I will be participating in the Event at my own risk, that I am responsible for the risk of participation in the Event.
2. I understand and acknowledge the dangers associated with the consumption of alcohol and/or drugs before, during and after the Event and I recognize that consumption of alcohol and/or drugs might impair my judgement and motor skills. I assume responsibility for any injury, loss or damage associated with my consumption of alcohol and/or drugs.
3. I WAIVE, RELEASE, AND FOREVER DISCHARGE, event sponsors, event organizers, event promoters, race directors, event officials, event staff, advertisers, property owners, volunteers, administrators, contractors, vendors, volunteers, all other persons or entities involved with the Event, and other Government bodies, and/or agencies whose property and/or personnel are used and/or in any way assist in locations in which the Event or segments of the Event take place, and each of their respective parent, subsidiary and affiliated companies, licensees, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, and other participants and representatives (individually and collectively, the “Released Parties”), from any and all claims, liabilities of every kind, demands, damages (including direct, indirect, incidental, special and/or consequential), losses (economic and non-economic), and causes of actions, of any kind or any nature, which I have or may have in the future, including court costs, legal fees and litigation expenses (individually and collectively, the “Claims”) that may arise out of, result from, or relate to my participation in the Event or my travelling to or from the Event, including my death, personal injury, partial or permanent disability, negligence, property damage and damages or any kind, property theft, and Claims relating to the provision of first aid, medical care, medical treatment, or medical decisions (at the Event site or elsewhere) and any Claims for medical or hospital expenses, even if such Claims are caused by the negligent acts, omissions, or the carelessness of the Released Parties, save where death or personal injury is caused by the negligence of the Released Parties.
4.I FURTHER COVENANT and AGREE NOT TO SUE any of the Released Parties for any of the Claims that I have waived, released, or discharged herein (save for death or personal injury caused by their negligence) I AGREE TO
INDEMNIFY, DEFEND, and HOLD HARMLESS the Released Parties from any and all expenses incurred, Claims made by me or other individuals or entities, for liabilities assessed against the Released Parties, including but not limited to court costs, legal fees and litigation expenses, arising out of or resulting from, directly or indirectly, in whole or in part, my breach or failure to abide by any part of this Agreement, my breach or failure to abide by any of the race organisers competitive rules, and/or my actions or inactions which cause injury or damage to any other person.
5. I agree to read and abide by the competitive rules adopted by the race organisers, and agree to obide by all traffic laws. If I become aware of any aspects of the race which I feel are potentially unsafe I will immediately advise the Race Director.
6. I hereby consent to receive medical care and treatment that may be deemed advisable in the event of injury, accident or illness to me while participating in the Event by a medical director or any of its agents, employees, volunteers, affiliates and designees, a physician and/or hospital. If necessary, I authorise Event Producer or any of its agents, employees, affiliates and designees, any organiser or sponsor of the Event, or any Event volunteer, to consent to such medical care and treatment. I understand that this authorisation is given in advance of any specific diagnosis, treatment or hospital care being required and is given to provide authority and power to render care which the above-mentioned may deem advisable in the exercise of their best judgement. I agree to be responsible and assume liability for any and all costs incurred as a result of my participation in the Event, not covered by my insurance, including but not limited to, medical care and treatment, ambulance services, hospital stays, and physician and pharmaceutical goods and services. I agree to indemnify and hold harmless the Released Parties from all liability for such costs.
7. I authorise and voluntarily consent to the release and disclosure of my protected health information, health services provided to me, and/or any health related information about me by a physician, emergency personnel, medical team member or any Event Producer employee for the purposes of diagnosing or providing treatment to me, for payment purposes, co-ordination or care and for health care operations including necessary administrative and business functions related to my protected health information, including but not limited to, the release of my protected health information to Event Producer, sanctioning entity, insurance carriers, medical insurance co-ordinators, other health care providers, parents/guardians, and/or hospitals. I understand there is no expiration for this health information disclosure authorisation; I have the right to revoke this authorisation, unless action has been taken in reliance on this authorisation, and that treatment will not be conditioned upon this authorisation.
8. I hereby grant to Fat Feet the right, permission, and authority to use my name, image, voice, and/or likeness, without compensation, captured during the Event by Fat Feet, its affiliated entities or contractors, and/or the media in any photographs, videotapes, CD’s, DVD’s, broadcast, telecast, podcast, webcast, recordings, motion pictures, commercial advertisement, promotion materials, and/or any other record of this Event for any purpose whatsoever.
9. I acknowledge and agree that Fat Feet, in its sole discretion, may delay, modify, or cancel the Event if it believes the condition on the race day are unsafe I acknowledge that the event may be canceled modified or delayed for any reason, including but not limited to acts of God or the elements (including without limitation, wind, rough water, rain, hail, hurricane, tornado, earthquake), acts of terrorism, fire, threatened or actual strike, labour difficulty, work stoppage, insurrection, war, public disaster, flood, unavoidable casualty, race course conditions, or any other cause beyond the control of Fat Feet.
9a .If we change the dates of the Event in accordance with Rule 9 we will have no obligation to reimburse you the entry fee or any other costs incurred in connection with the event, provided the event is to commence on another date within 12 months from the date on which the Event was originally scheduled to commence, and provided that we give you reasonable notice of the new dates for the Event (which will in any case not be less than 2 months).
10. I acknowledge that my Entry Fee and place in the Event are NON TRANSFERABLE from person to person, race to race, year to year. Furthermore, I shall not assign or subcontract my rights or obligations under this Agreement.
11. I understand and agree to a late entry fee being added to the entry cost if I enter the race up to one week prior to it commencing (maximum- up to 50% of entry cost- organisers decision).
12. I acknowledge that I am only entitled to a refund of any deposit paid if I withdraw from the event 40 days after payment has been received by the organizers. I understand and agree that If I withdraw from the event after the 40 day period that the organizers have received my deposit I am not entitled to a refund.
13. I understand that Fat Feet reserves the right, in its sole and complete discretion, to deny entry, revoke the entry application of any applicant at any time, and/or to disqualify any individual from the Event. Applicant expressly waives any claim for damages arising from the denial or revocation of any entry application exceeding the amount of the entry fee.
14. A legal guardian who signs this Agreement on behalf of an incapacitated and/or mentally challenged person (hereinafter “Said Person”) hereby acknowledges that he or she has the legal capacity and authority to act on behalf of Said Person and to legally bind Said Person to the Agreement. The legal guardian who signs this Agreement agrees to
indemnify and hold harmless the Released Parties for any expenses incurred, claims made, or liabilities assessed against them, as a result of any insufficiency of legal capacity or authority to act on behalf of Said Person in the execution of this Agreement.
15. This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the law of
England and Wales. If any provision of this Agreement shall be deemed unlawful, void, or for any reason, unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement constitutes the entire understanding in relation to its subject matter. All other terms, whether express or implied, written or oral, are hereby excluded to the fullest extent permitted by law.
16. Any dispute or claim arising out of, relating to or in connection with this Agreement or my participation in this Event, shall be referred to arbitration in accordance with the Arbitration Act 1996. An arbitrator acceptable to both Parties knowledgeable in the field and commercial matters shall conduct the arbitration. The venue of any such arbitration shall be London, England.
17. I understand that I will be required to supply a copy of an ECG reading (dated and signed by your doctor. An additional not on the ECG from the doctor should show their contact details and a note stating that they that your health is adequate enough to participate in this event) This document will be requested approx 1 month prior to the event date.
18. I will be at least 21 years old on the start day of the race.
19. I agree to inform Fat Feet on application of any preexisting illness from which I suffer that may affect my performance during an Event or for which medical treatment may be needed. In addition, I agree to inform Fat Feet, both on application and thereafter, as the need arises, of all medications that I am currently taking or will be taking while I am participating in any Event.
20. I acknowledge that the Event operates in very remote areas of the Host Country which may not be supported by local hospitals, and that transportation to the nearest hospital may take several hours or longer.
21.Absolutely no litter of any kind, including for example water bottles, caps from water bottles, energy bar wrappers shall be left on the course. If am found to have littered the course I will be heavily penalized or disqualified. All litter is to be carried to the closest transition or checkpoint for disposal. I further acknowledge that the course may pass through terrain such as sand dunes and canyons where emergency evacuation may be seriously delayed or in some cases not available.
22.I am solely responsible for obtaining and complying with all specific passport, visa and immigration requirements associated with travelling to and entering the Host Country and competing in the Event. I will check and confirm the relevant passport, visa and immigration requirements with the relevant Consulate/embassy for the Host Country prior to completing the application form. Fat Feet does not accept any responsibility for, and will under no circumstances be liable (including, without limitation, for providing a refund of the entry fee for the relevant Event) if you cannot travel to the Host Country for any reason, including without limitation your failure to obtain a visa, or if you are otherwise unable compete in the Event because of your non compliance with any passport, visa or other immigration requirements.
23.Fat Feet will not be liable to you for:
(a) any loss of or damage to your equipment and belongings;
(b) any indirect or consequential loss; or
(c) any loss or damage suffered or incurred by you arising out of or in connection with competing in an Event (including, without limitation, travelling to the Host Country and Town/City).
24. I agree to take out and maintain my own personal travel insurance which covers myself for the duration of my time in the Host Country. I will ensure that this insurance covers fully against the costs of hospitalisation, medical care and repatriation if I become too ill to continue the event and must above all cover against the cost of air or other forms of evacuation and/or repatriation should sickness or injury necessitate such a course of action. I understand that I am required to provide the organizers with a copy of my insurance documents.
25. Fat Feet has no control over, and accepts no responsibility for, the availability or standard of medical and/or repatriation services and facilities in the areas in which the Event take place, and such services and facilities do not form any part of the contract between fat feet and the event entrant.
26. All content from official blogs, emails, promotional materials and other materials distributed by Fat Feet is the exclusive property of Fat Feet and must not be copied or distributed without the express written approval of Fat Feet.
27. I understand and agree that I must be at least 18 years of age on the race day to allow my participation in the event to be granted by the race organizers.
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