Terms & Conditions
By completing and submitting an Online Registration Form (as defined below) the Participant (as defined below), agrees with the Event Operator (as defined below) that they have read, understood and agree to be bound by the following terms and conditions ("Terms")
1. DEFINITIONS and Interpretation
1.1 The words and expressions set out below shall, save where the context otherwise requires, have the following meanings in these Terms:
means the agreement entered into between the Event Operator and Participant which shall be comprised of the Online Registration Form and Online Confirmation together with these Terms;
means one of the five (5) continental race legs of the Event staged in each of Europe (2016), Central Asia (2016), East Asia (2016), Australia (2016) and the United States of America respectively;
means the "Race the World" event owned and operated by the Event Operator being 'a round the world' cycling race consisting of the five (5) Continental Legs as further detailed on the Website;
means Race the World Limited, a company registered under Company Number. 06081201 with its registered office at C/O Cox Costello & Horne, Langwood House, 63-81 High Street, Rickmansworth, WD3 1EQ;
means the times, dates and locations of each Continental Leg as published by the Event Owner;
means in respect of each party, any subsidiary undertaking, and parent undertaking or ultimate parent undertaking and any subsidiary undertaking of that parent undertaking or ultimate parent undertaking each as defined in section 1162 of the Companies Act 2006;
"Event Information "
means any information provided by the Event Operator to each Participant, including Event updates, nutritional advice, health advice and training advice;
"Intellectual Property Rights"
means all present and future, right, title and interest in any trade marks, service marks, registered designs, utility models, design rights, copyright, database rights, trade secrets and other confidential information, know-how or business or trade names and all other intellectual and industrial property and rights of a similar or corresponding nature, whether registered or not or capable of registration or not and including the right to apply for and all applications for any of the foregoing rights and the right to sue for infringements of any of the foregoing rights;
means the participation of the Participant in more than one Continental Leg;
"Online Registration Form"
means the page(s) within the Website where Participants submit their application to participate in the Event;
means the email confirmation from the Event Operator to the Participant confirming acceptance of their Online Registration Form and receipt of the relevant proportion of the Registration Fee;
means an individual named on the Online Registration Form who wishes to participate in the Event;
means the individual appointed by the Event Operator to oversee the direction of sporting and logistical delivery of the Event'
means the overnight camp where Participants and staff stay at the end of each Race Stage;
means the total price of entry to the Event as detailed in each Participant's Online Registration Form;
means all legislation, codes of practice, standards, guidelines and regulations (in each case having the force of law) together with all applicable regulations, rules and customs applicable to the subject matter in question;
means the days between each Continental Leg for the Multi-Leg Participants;
means one day of racing on a Continental Leg;
means the team of 10 that each Participant will be allocated to for the Event;
means the Event representative appointed by the Event Operator to manage each Team;
means the days between each Continental leg that will be used to travel to each start location; and
1.2 The headings in this Agreement are inserted for convenience only and shall not affect its construction.
1.3 Any reference to a clause shall be deemed to be a reference to a clause of this Agreement.
1.4 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.5 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
1.6 Unless the context otherwise requires, words in the singular include the plural and in the plural include the singular.
1.7 Any words following the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
1.8 The Schedules to this Agreement form part of (and are incorporated into) this Agreement.
1.9 If there is any conflict between the terms of this Agreement and the terms of any Schedule or other documents incorporated by reference into this Agreement, the order of priority shall be as follows:
1.9.1 the terms within the main body of this Agreement;
1.9.2 the Schedules to this Agreement; and
1.9.3 any document incorporated by reference into this Agreement.
2. The Event Schedule
2.1 In 2015 we will be taking on North America. Race Village will open to participants on Friday 30 October 2015, and the final day of racing and end of leg celebration party will happen on Saturday 14 November 2015.
2.2 The Event Operator reserves the right to vary the above start and finish dates (or any other part of the Event Schedule) provided that reasonable notice of any updates and amendments are provided to the Participant.
3. RACE REGISTRATION and Payment
3.1 Only persons over the age of 18 on the date on which they begin their first Continental Leg may register for and participate in the Event.
3.2 To register for the Event, the Participant must complete the Online Registration Form and pay the Registration Fee in the agreed instalments and via the payment method detailed on the Website.
3.3 If a Participant wishes to be placed in a Team with other participants, the names of such participants should be set out on the Online Registration Form and/or emailed to email@example.com on or before 1 May 2015. For the avoidance of doubt, the allocation of Participants to Teams will be at the sole discretion of the Event Operator.
3.4 All requests to register for the Event via the Online Registration Form are subject to acceptance by the Event Operator (in its sole discretion) and such acceptance will be confirmed to the Participant via the Online Confirmation only.
3.5 Online Registration Forms will not be accepted if the maximum capacity for the Event or any part thereof has already been reached (as determined by the Event Operator in its absolute discretion).
The Event Operator is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer/internet transmissions or other errors or malfunctions of any kind which may prevent any Online Registration Form being received by the Event Operator.
3.6 The Online Registration Form contains an option for a Participant to pay the Registration Fee in four instalments. For the avoidance of doubt, the Registration Fee must be paid in full at least 90 days before the start date of the first Continental Leg that the Participant is participating in.
Failure to pay the Registration Fee in accordance with this Clause 3.6 shall entitle the Event Operator to disqualify the Participant from the Event.
3.7 Subject to the terms of this Agreement, no refunds of the Registration Fee (in part or whole) shall be provided.
4. Cancellation, Amendment and Refusal of Entry
4.1 The Event Operator reserves the right to:
4.1.1 change the format of the Event and/or cancel, delay or postpone the Event in whole or in part due to reasons beyond its reasonable control, without notice or liability to the Participant;
4.1.2 refuse entry/disqualify participation in the Event by any Participant:
(a) who the Event Operator reasonably believes has not complied with this Agreement;
(b) who is ineligible to participate in the Event; or
(c) who the Event Operator reasonably believes has fraudulently completed any part of the Online Registration Form; and
the Event Operator has no liability for any costs or expenses that may be incurred by a Participant as a result of the occurrence of any of the event in this Clause 4.1.
4.2 It is the Participant's responsibility to check the particulars of the Online Confirmation. In order for any errors to be rectified they must be notified to the Event Operator within seven (7) days of receipt of the Online Confirmation.
4.3 Any requests from a Participant to amend their participation in the Event (e.g. transfer to a different Continental Leg) must be submitted to the Event Operator via email to firstname.lastname@example.org on or before 1 May 2015.
Any such requests will be considered by the Event Operator and accepted or refused at its sole discretion. Subject to written confirmation from the Event Operator that an amendment has been approved, any additional payments due must be received by the date specified by the Event Operator in the aforementioned written confirmation.
4.4 If the Participant wishes to cancel their participation in the Event, a request for cancellation must be provided to the Event Operator by email to email@example.com.
Following receipt of the request for cancellation the Event Operator will send an email to the address detailed on the Online Registration Form confirming cancellation.
The cancellation will take effect from the date upon which the email is sent by the Event Operator. Any such cancellation will be subject to the following cancellation charges of the registration fee paid by the participant:
4.4.1 cancellation on or before 15 January 2015 10% of the Registration Fee; or
4.4.2 cancellation on any date between 16 January 2015 and 28 February 2015 inclusive 25% of the Registration Fee; or
4.4.3 cancellation on any date between 1 March 2015 and 31 March 2015 inclusive 50% of the Registration Fee; or
4.4.4 cancellation on any date between 1 April 2015 and 30 April 2015 inclusive 75% of the Registration Fee; or
4.4.5 cancellation at any time after 1 May 2015 (inclusive) 100% of the Registration Fee.
4.5 The Event Operator shall not be liable to the Participant or be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of the Event Operator's obligations in relation to the Event, if the delay or failure was due to any cause beyond the Event Operator's reasonable control.
Without limiting the foregoing, the following shall be regarded as causes beyond the Event Operator's reasonable control:
4.5.1 Act of God, explosion, flood, abnormally inclement weather, tempest, fire or accident;
4.5.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;
4.5.3 acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the party of any governmental, parliamentary or local authority;
4.5.4 import or export regulations or embargoes;
4.5.5 strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Event Operator or of a third party); or
4.5.6 difficulties in obtaining raw materials, labour or similar.
4.6 Other than in accordance with Clause 4.5, if the Event Operator cancels the Event or is unable to operate one or more of the Continental Legs the Event Operator will:
4.6.1 notify the Participant as soon as possible; and
4.6.2 refund any payments towards the Registration Fee made by the Participant less the cost of any services and equipment that have been provided to the Participant at the date of cancellation.
4.7 In the event of cancellation under Clause 4.6, the Event Operator will endeavour to offer (subject to availability) the Participant the opportunity to transfer to a different Continental Leg.
5. Obligations of the Event Operator
5.1 The Event Operator warrants as follows only:
5.1.1 that it has and will continue to have throughout the term of this Agreement full right and title and authority to enter into this Agreement and to accept and perform the obligations imposed on it under this Agreement; and
5.1.2 to organise the Event Schedule and provide a copy of the Event Schedule to the Participant on or before the commencement of the Event.
6. Teams and Equipment
6.1 The Event Operator will allocate each Participant to a Team. Team selections will be communicated to Participants via the email address provided in the Online Registration Form on or before 1 July 2015. The Event Operator reserves the right to allocate Participants to a Team at its sole discretion and the decision is of the Event Operator is final.
6.2 Following the sending of the Online Registration Form the Event Operator will provide the Participant with Event Information on a monthly basis via email, post or other means of communication as determined by the Event Operator from time to time.
6.3 On arrival at the Event the Event Operator will provide each Participant with the equipment and services as set out in Schedule 1.
7. Obligations of the Participant
7.1 By entering into this Agreement the Participant acknowledges and agrees:
7.1.1 to abide by the rules, instructions and regulations published and displayed from time to time by the Event Operator or given during the course of the
Event by race marshals, officials, police or such other authority;
7.1.2 to become familiar with and follow the rules of the road for the country the Event is taking place in at any given time.
For the avoidance of doubt, the Participant is required to familiarise themselves with any applicable rules and regulations in their capacity as a driver, cyclist or pedestrian;
7.1.3 to comply with all Relevant Laws and any other directions, codes of practice or guidelines impose by national law or any competent authority applicable to the Event;
7.1.4 obtain any and all:
(a) flights and transfers to the start locations and away from the finish locations of each Continental Leg;
(c) inoculations or other medical requirements;
(d) entry and visas; and
(e) any other documentation required in order to participate in the Event;
7.1.5 to not cause any nuisance or annoyance to any other person during the Event and to exercise care as to their own safety and the safety of all other whilst participating in the Event;
7.1.6 to not make any defamatory or derogatory statements or take part in any activities which are or might be derogatory or detrimental to the reputation, image or goodwill of the Event Operator, the Event or any sponsors/partners (as notified to the Participant) of the Event or the Event Operator; and
7.1.7 to not bring to the Event or use any drugs, alcohol, illegal substances, performance enhancing substances or intoxicants of any kind whilst participating in the Event and abide by all WADA and country specific anti-doping regulations.
8. Training Sessions
8.1 Participants must attend 1 official training session which is mandatory. The dates, times and locations of mandatory official training sessions will be communicated to the Participant via email.
8.2 The Team Manager will assess the fitness and cycling proficiency of each Participant during the official training sessions.
In the event that the Team Manager determines (in his sole discretion) that a Participant needs to attend further training sessions (up to a maximum of three (3)) the Participant will be informed of this requirement by the Race Director. Any such further training sessions will be chargeable to the Participant at £50 per session.
8.3 If the Participant is unable to attend a scheduled official training session as required under Clause 8.1 and 8.2 they must notify the Event Operator at least 14 days prior to the scheduled date. Failure to notify within this time period will incur a £50 cancellation charge payable to the Event Operator.
8.4 Non attendance at any official training sessions required under Clause 8.1 and 8.2 may result in the Participant being refused entry to the Event.
8.5 Following attendance at the official training sessions each Participant will receive:
8.5.1 an official Event bicycle
8.6 For the avoidance of doubt, the Participant shall be personally responsible to ensure that the items referred to under Clause 8.5 are transported to the Event and are fit for use.
8.7 It is the responsibility of each Participant to train and prepare physically for the Event. Participants must demonstrate through electronic logging of their rides that they are physically competent to compete for their Team. In particular, Participants will be required to:
8.7.1 make their online training data available to Event staff in the required format when requested;
8.7.2 follow any advice issued by Event staff as to the appropriateness of their training and any changes that may need to be made;
8.7.3 attend a minimum of one training session organised by the Event Operator to ensure familiarity with the racing format and any technical challenges that may need to addressed;
8.7.4 on request, undertake additional training to ensure they are meeting the minimum standards of fitness required by the Event Operator; and
8.7.5 warrant that the online training data is true and accurate.
9. Acknowledgement of RISK
9.1 The Participant acknowledges that participation in and training for the Event involves significant physical activity and potentially dangerous situations with inherent risks and dangers of accidents, personal injury (including death) and loss or damage to property.
By completing and submitting the Online Registration Form, the Participant confirms that, to the best of their knowledge, they are healthy and fit to participate, they understand and have considered and evaluated the nature, scope and extent of the risks involved, and voluntarily and freely choose to assume these risks (except where any such personal and bodily injury, including death, is caused by the negligence of the Event Operator or its employees).
9.2 It is the responsibility of each Participant to have the correct inoculations and other medical requirements as advised by the Foreign & Commonwealth Office and any equivalent organisation in the territories where the Event is held.
9.3 It is the responsibility of each Participant to obtain (to the extent possible) the necessary documents and or visa requirements for each location included in the Event prior to participating in the Event.
For the avoidance of doubt, this includes the holding of a valid passport that meets the requirements of each location to be visited by the Participant. Any documents or visas required for the Event must be obtained from the Event Operators preferred visa provider as notified to the Participant.
9.4 The Participant hereby acknowledges that the Event Operator does not provide any insurance, whether life, medical or liability, for any illness, accident, injury, death, loss or damage that may arise in connection with the attendance at, and/or participation in the Event by each Participant.
Any such insurance(s) for the Event must be obtained from the Event Operators preferred insurance provider as notified to the Participant and proof of insurance provided to the Event Operator upon request.
9.5 The Participant acknowledges that any medical information provided during on the Online Registration Form may, where deemed necessary, be used for assisting medical staff to treat or otherwise assist the Participant as a result of illness or injury at the Event.
The Event Operator shall be under no obligation whatsoever to process, analyse, or otherwise take action on such information, either during or after the registration process. The Participant undertakes and agrees to inform the Event Operator of any change in their medical condition from the date of registration up to and until the start of the Event. Should the Participant have any concerns, they should be checked by their doctor.
9.6 In the event of a major security or medical incident during the Event, all Participants are required to follow all instructions explicitly from the Event Operator and its staff. Participants not following instructions may be left at a location or handed over to relevant authorities to ensure the overall safety of the Event at all times.
9.7 The Participant hereby authorises medical personnel (both on-site or on-call) to administer first aid treatment or any medical treatment to the Participant or to transport the Participant in the event of any illness, accident or injury suffered by the Participant in connection with his/her participation in the Event. The Event Operator shall not be liable to the Participant in any way for such treatment or transportation by such third party.
The Participant shall be responsible for any medical or transport expenses specifically incurred in connection with any illness, accident or injury sustained or occurring in connection with participation in and/or attendance at the Event.
10. Intellectual Property and Media Rights
10.1 In consideration of the acceptance of the Participant's Online Registration Form to participate in the Event by the Event Operator, the Participant hereby acknowledges that all Intellectual Property Rights arising from and in relation to the Event including its name, logotype, format and photographs of the Event shall be exclusively vested in the Event Operator.
10.2 The Participant further acknowledges and agrees that it shall not obtain any right in the Intellectual Property Rights arising form or in relation to the Event by virtue of its participation in the Event and it will do nothing to damage the Event Operator's rights set out in Clause 10.1.
10.3 Without prejudice to Clauses 10.1 and 10.2 the Participant acknowledges that the Event Operator will be seeking to maximise the income from the exploitation of commercial rights (including broadcasting rights, sponsorship rights, merchandising and licensing rights) for the Event by entering into a number of agreement with commercial sponsors/partners. The Participant undertakes to co-operate with the Event Operator in order to protect any such commercial rights in the Event.
10.4 The Event Operator reserves the exclusive right and licence throughout the world (and, the Participant hereby grants the Event Operator such exclusive right and licence) to interview and/or photograph and/or film Participants at the Event.
For avoidance of doubt such right includes during the Event, the evenings between each Race Stage and in Rest Days, Travelling Days and pre and post race events and training, and to the unlimited use in all current and future media (including without limitation, print, audio, audio visual, virtual media, the Internet, mobile telephony and so-called "3-G" technologies, CD-ROM or DVDs) of the Participant's name, likeness and image or facsimile image, signature, voice, video and film portrayals and other means of identification of the Participant, and any biographical or other information or data related to the Participant (including race times and results), in connection with the production, advertisement, marketing or promotion of the Event Operator or the Event.
11. Data Protection
11.2 The Participant hereby agrees to the Event Operator collecting and processing their Participant Data to facilitate the Participant's full participation in the Event and for the purposes outlined in these Terms.
11.3 The Participant acknowledges that personal information (including medical information entered on their race number or collected by event medical staff during or after the Event) can be stored, used and disclosed by the Event Operator in connection with the organisation and administration of the Event and for the compilation of anonymous statistical information.
11.4 The Participant acknowledges that if they become ill during or after the Event and/or have received medical attention or treatment from an Event medical provider, any doctor or hospital, they authorise such persons to provide their details (including details of medical treatment) to the Event Operator or others authorised by the Event Operator, subject to maintaining appropriate levels of confidentiality.
12. Indemnity and Limitation of Liability
12.1 Subject to Clauses 12.5 and 12.6 the Event Operator shall have no liability to a Participant:
12.1.1 for any losses incurred by the Participant due to their participation in the Event;
12.1.2 for any alteration or amendment to the Event Schedule;
12.1.3 if the Event is cancelled, delayed or postponed, in whole or in part due to reasons beyond its reasonable control; or
12.1.4 if a Participant fails to take part in any part of the Event for any reason.
12.2 The Participant hereby agrees to irrevocably indemnify and hold harmless, and reimburse the Event Operator from and against all liabilities, claims, actions, proceedings, loss, damage, costs or expenses suffered or incurred (including legal and professional fees), by the Event Operator (including in relation to the Participant's insurers) in connection with:
12.2.1 any accident, loss, damage or injury (including death) arising out of the Participant's attendance at, participation in, or training for the Event; and
12.2.2 any claim made by any third party due to or arising from or relation to the Participant's participation in the event or the breach of any term of this Agreement by the Participant.
12.3 Subject to Clauses 12.5 and 12.6 the Event Operator shall not be responsible for any losses a Participant suffers as a result of the Event Operators' breach unless such losses were reasonably foreseeable to both a Participant and the Event Operator as at the date of the Participant's registration for the Event. For the avoidance of doubt, the Event Operator will not be liable to the Participant in contract, tort (including, without limitation, negligence) or otherwise in connection with the Event for loss of revenues, profits, contracts, business or anticipated savings or loss of data); or goodwill or reputation; or any special or indirect or consequential losses; for any personal injury to or death of the Participant.
12.4 Subject to clause 12.5, the total liability of the Event Operator to the Participant for any and all loss and/or damage (in contract, tort (including negligence), breach of statutory duty, or otherwise) for any reason arising out of or in connection with this Agreement shall not exceed the Registration Fee paid by the Participant at the date of the breach.
12.5 Nothing in the Terms shall affect the Event Operator's liability:
12.5.1 for death or personal injury resulting from the negligence of the Event Operator or a deliberate act or omission of the Event Operator, its employees or agents;
12.5.2 for breach of statutory duty;
12.5.3 for fraudulent misrepresentation; or
12.5.4 to the extent that liability cannot be excluded or limited by law.
12.6 Nothing in the Terms shall affect any statutory rights to which the Participant may be entitled to as a consumer.
13.1 The parties agree that all notices under this Agreement shall, unless notified be served on the following addresses:
13.1.1 Event Operator: marked for the attention of Race the World Ltd, at Cox Costello & Horne, Langwood House, 63-81 High Street, Rickmansworth, WD3 1EQ; and
13.1.2 Participant: see details provided on the Online Registration Form
13.2 All notices shall be in writing and may be delivered personally, by email or by first pre-paid post and shall be deemed to be properly given or served:
13.2.1 three working days after being sent to the intended recipient by pre-paid post addressed to the aforementioned addresses; or
13.2.2 if sent by email, on receipt of confirmation of successful transmission or if not a working day the first working day thereafter.
13.3 The Participant will not make or permit to be made any public announcement(s) in relation to this Agreement without the prior written consent of the Event Operator nor (save as required by law) disclose to any third party any information concerning the terms or subject matter of this Agreement from the date hereof.
13.4 The provisions of this Agreement are for the benefit of and may be enforced by each of the Event Operator and any member of its Group. Except for the foregoing, no person who is not a party to this Agreement is intended to receive a benefit under, or be entitled to enforce, this Agreement pursuant to the Contracts (Rights of Third Parties) Act 1999.
13.5 No forbearance or delay by either party in enforcing its rights will prejudice or restrict the rights of that party and no waiver of any such rights or of any breach of any contractual terms will be deemed to be a waiver of any other right or of any later breach.
13.6 No variation of this Agreement will be valid unless recorded in writing and signed by or on behalf of each of the parties to this Agreement.
13.7 If any provision of this Agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions will remain unaffected and in force.
13.8 Nothing in this Agreement shall be deemed to constitute a joint venture, partnership or relationship of agency or employment between the parties.
13.9 The Event Operator may sub-license, assign or transfer in any way any of its rights, liabilities and/or obligations under this Agreement on a temporary or permanent basis to any third party without the prior written consent of the Participant.
13.10 The Participant shall not be permitted to sub-licence, assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the Event Operator.
13.11 This Agreement shall be governed and construed in accordance with English law and the parties herby submit to the exclusive jurisdiction of the courts of England and Wales over any claim or matter arising under or in connection with this Agreement.
1. Equipment and Services
1.1 The Event Operator shall provide each Participant with a roadworthy bicycle and cycling kit in accordance with Clause 8.5. Each bicycle will comply with the rules and regulations of the country the Participant passes through during the Event.
1.2 Each Team will be assigned the following:
1.2.1 Up to 10 Participants;
1.2.2 Tents for each Participant;
1.2.3 2 support vehicles;
1.2.4 1 mechanic; and
1.2.5 1 team manager.
1.3 Some spare parts for bicycles will be available from the mechanic assigned to each Team. The Event Operator reserves the right to charge a fee for parts and/or work carried out by the Mechanic if required due to negligent riding of the bicycle and/or failure by the Participant to take reasonable care of bicycle before or during the Event.
1.4 Medical support will be provided during the Event by two medics and one doctor who accompany the Teams during each Continental Leg.
1.5 Vehicles transfers during each Continental Leg will be provided to Participants via the support vehicles, whist not riding in the Event.
1.6 Overnight accommodation under canvas (in tents) will be provided to Participants during the Event at locations to be confirmed by the Event Operator prior to the Event.
1.7 The Event Operator will provide each Participant with three meals a day and non-alcoholic beverages during the Event.
1.8 For the avoidance of doubt, any further equipment, food, beverages or services not provided by the Event Operator in accordance with this Agreement is the sole responsibility of the Participant including any other items of kit or clothing and/or personal snacks or energy products.