Terms & Condition of entry
For participation in: The Prospector MTB Stage Race, including related programs and/or activities (“Event”)
PLEASE READ THIS ENTIRE ACKNOWLEDGEMENT, WAIVER AND RELEASE FROM LIABILITY FORM CAREFULLY BEFORE CONTINUING WITH YOUR ENTRY AND/OR SIGNING. THIS FORM HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND WILL LIMIT OR ELIMINATE YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS.
I understand and acknowledge that by electronically checking the box below or signing a paper version of this Acknowledgement, Waiver And Release From Liability Form (“Form”), that I am legally agreeing to the statements in this Form and that these statements are being accepted and relied upon by the Released Parties, as defined below.
Please note that the Event website (http://www.prospectormtb.co.nz) may contain other terms and conditions that apply to the Event. By participating in the Event I also acknowledge my acceptance of the terms and conditions set out on the Event website and within the Event’s online registration system. If another person has submitted my registration for the Event, I understand that person is assumed to be my agent and that person has accepted on my behalf all the terms and conditions set out on this Form, the Event website and within the Event’s online registration system.
In consideration of being permitted by The Prospector Event Ltd (“The Prospector” or “ORGANISER”) to participate in the Event, I acknowledge and agree as follows:
ACKNOWLEDGEMENT OF COMPLIMENTARY EVENT GIFTS & ENTRY BENEFITS
I understand and agree that:
Subject to any applicable law that cannot be excluded, Nduro does not guarantee the availability of any complimentary Event gifts and entry benefits;
Nduro is not responsible or liable for any loss suffered by any entrant in the event that an Event gift or entry benefit becomes unavailable for any reasons;
In the event that a certain Event gift or entry benefit is not available, Nduro has the right to substitute the unavailable Event gift or entry benefit at any time without notification at its sole discretion;
The complimentary Event gift and entry benefits are not transferable, exchangeable and are not redeemable for cash.
The Prospector is not liable if the provider of any part of any Event gift and/or entry benefits fails to satisfy its obligations in relation to the Event gift/entry benefits.
The Prospector is not responsible for any liability, loss (including indirect or consequential loss) or damages arising directly or indirectly from your use or acceptance of any complimentary Event gift and entry benefits except for any liability which cannot be excluded by law.
ACKNOWLEDGEMENT OF TIMEKEEPING
An Event timekeeping chip will be made available to all participants. I understand that the said timekeeping chip can fail at times and in the event of chip failure, I may not obtain a time record for my participation in the Event and shall have no claim whatsoever against The Prospector nor any entitlement to a refund of entry fee or any part of entry fee.
ACKNOWLEDGEMENT OF ADDITIONAL SERVICES AS PART OF YOUR ENTRY
I understand that:
any additional purchases to the standard entry to the Event are not refundable should I change my mind on the quantity size, style or service; and
I must consider clothing sizes are appropriate before ordering as the clothing cannot be exchanged.
ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS
The Event and other activities associated with the Event take place indoors or outdoors in various locations and can include, but are not limited to: warm-up exercises, competitive running and walking or cycling (both in practice and in the Event), demo-ing (trying out) gear, participation in clinics, training, demonstrations or other games and activities, attendance at any activities and traveling in planes, vans, buses or other vehicles to and from activities (the Event and other activities collectively referred to in this Form as “activities”).
Activities may be scheduled or unscheduled, mandatory or optional, structured or unstructured and include free time. I acknowledge that the inherent and other risks, hazards and dangers (collectively referred to in this Form as “risks”) of these activities can cause injury, damage, death or other loss to participant or others. These risks include but are not limited to those associated with: any competitive or athletic activity, the need for extreme fitness and endurance, an outdoor environment, the decision making and conduct of ORGANISER’s staff members, volunteers, contractors, co-participants or others, running, walking or other activities, the participant’s personal health and participation, whether participant’s health conditions are disclosed or undisclosed, known or unknown, locations or premises, equipment, and the conduct of co-participants, spectators and/or other third parties.
I understand and agree:
I will review all materials received, accurately complete and agree to the registration information, documents and process, and obey all rules and policies at all times. These rules and policies include, but are not limited to, the rules and conditions detailed in this Form and as detailed on the Event website (http://www.whaka100.co.nz) as may be amended, and all traffic laws. Failure to comply in any way with these matters may lead to me being pulled from the Event and disqualified My final acceptance and participation in the Event is contingent upon ORGANISER’s receipt and review of all required information and forms, including this Form;
I am fully capable of participating in the Event without causing harm to myself or others. I further agree that I am physically fit, have sufficiently trained for participation in this Event and I have not been advised otherwise by a qualified medical person;
To respect the rights, dignity and worth of every individual at the Event including participants, volunteers and spectators. I will at all times act professionally and responsibly and maintain high standards in respect to my language and actions and will not discriminate against any person on any grounds but in particular based on sex, sexual orientation, ethnicity, religion, ability or performance;
Before participating in any activities, I may inspect the race course, facilities, equipment, and areas to be used, if I choose. I will immediately advise ORGANISER or an Event official if I believe or become aware that the race course, facilities, equipment or areas to be used in the Event are unsafe;
The information provided in this Form is not exhaustive, other unknown or unanticipated activities, inherent or other risks and outcomes may exist, and ORGANISER cannot assure my safety or eliminate all risks. ORGANISER representatives are available should I have further questions about the activities or the associated risks;
I am voluntarily participating with knowledge of the risks. Therefore, I assume and accept full responsibility for myself, for the inherent and other risks (both known and unknown) of the activities, and for any injury, damage, death or other loss I may suffer, resulting from those inherent and other risks, including but not limited to the risk of my, a co-participant’s, a Released Party’s, a spectator’s, a volunteer and/or a third party’s passive or active negligence or other misconduct.
CANCELLATION AND REFUND
I understand that agree that The Prospector reserves the right to amend or cancel the Event at its sole discretion. This includes changes to dates, times, contents and programmes of the Event. If I wish to withdraw from the Event, I must do so myself through my online registration, and I agree that the Event-specific cancellation policy as set out on the Event website will apply.
FORCE MAJEURE EVENT
I further understand and agree that the Event may be cancelled, modified, delayed, re-routed or brought to a premature end without notice if a natural disaster, fire, flood or other similar major events (including without limitation, wind, rain, hail, hurricane, earthquake, acts of terrorism, labor difficulty, work stoppage, insurrection, pandemic and war) beyond The Prospector’s control makes it impossible for the event to take place on the scheduled dates or to continue.There shall be no refund of the entry fee or any costs that a participant may incur in connection with the Event should a force majeure event cause the cancellation, postponement, alteration, or early termination of the Event.
NO TRANSFER OF ENTRY
As a participant of the Event , regardless if you have purchased or been gifted an entry to the Event, you are not legally permitted to give your entry to another person or sell your entry to a third party regardless of the circumstances unless the above process has been completed and authorised by The Prospector. If I wish to transfer my registration to another distance of the Event or to a third party, I must do so myself through my online registration, and the Event specific transfer policy as set out on the Event website will apply. If a transfer policy is not available on the Event website, I understand that there shall be no implied right whatsoever to transfer my registration to another distance or to a third party, unless I obtain written consent to the proposed transfer from The Prospector.
RELEASE AND INDEMNITY
PLEASE READ CAREFULLY. THIS RELEASE AND INDEMNITY SECTION CONTAINS A SURRENDER OF CERTAIN LEGAL RIGHTS. In consideration of the acceptance of my entry, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors and assigns as follows:
I HEREBY WAIVE, RELEASE AND DISCHARGE The Prospector Event Ltd, ORGANISER, Event sponsors, Event organizers, Event promoters, Event producers, race directors, Event officials, Event staff, advertisers, administrators, contractors, vendors, volunteers, Central Otago District Council (or other area or district Councils or local bodies of whatever nature in which the Event may be staged), New Zealand Police, and all property owners and provincial, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations where the activities take place, and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, trustees, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, contractors and representatives and all other persons or entities associated or involved with the activities (individually and collectively referred to in this Form as the “Released Party” and the “Released Parties”) with respect to any and all claims, liabilities, suits or expenses (including attorneys’ fees and costs) (collectively referred to in this Form as “claim” or “claim/s”’) for any injury, damage, death, lost and/or stolen property or other loss in any way connected with my enrolment or participation in the activities, negligence, whether passive or active, of the Released Parties, any breach by the Released Parties of statutory duty, and/or use of any equipment, facilities or premises, howsoever caused. I AGREE HERE TO WAIVE ALL CLAIM/S I MAY HAVE AGAINST THE RELEASED PARTIES AND AGREE THAT NEITHER I, NOR MY ESTATE, HEIRS, ASSIGNS OR BENEFICIARIES NOR ANYONE ELSE ACTING ON MY BEHALF, WILL MAKE A CLAIM AGAINST THE RELEASED PARTIES FOR ANY INJURY, DAMAGE, DEATH OR OTHER LOSS I MAY SUFFER.
I HEREBY INDEMNIFY AND HOLD HARMLESS (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claim/s brought by or on behalf of me, my spouse, a family member, a co-participant or any other person, for any injury, damage, death or other loss in any way connected with my enrollment or participation in the activities, negligence, whether passive or active, of the Released Parties, any breach by the Released Parties of statutory duty and/or use of any equipment, facilities or premises, howsoever caused.
THIS RELEASE AND INDEMNITY SECTION INCLUDES BUT IS NOT LIMITED TO CLAIM/S FOR PERSONAL INJURY OR WRONGFUL DEATH (INCLUDING CLAIM/S RELATED TO EMERGENCY, MEDICAL, DRUG AND/OR HEALTH ISSUES, RESPONSE, ASSESSMENT OR TREATMENT), PROPERTY DAMAGE, LOSS OF CONSORTIUM, BREACH OF CONTRACT OR ANY OTHER CLAIM, INCLUDING CLAIM/S RESULTING FROM THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE.
I understand and agree:
If I am signing as the participant’s legal guardian, I have the legal authority to act for the participant and on their behalf. If my guardian status is challenged or found invalid, I will defend and indemnify the Released Parties, to the fullest extent allowed by law and per the provisions of this Form, just as if I were the participant’s lawful legal guardian.
The athlete information packets (which contain each athlete’s race bib and timing chip) must be picked-up by the registered athlete in person at the scheduled athlete check-in prior to the Event, as detailed on the Event website (http://www.prospectormtb.co.nz). I hereby acknowledge that photo identification will be required to check-in and pick-up my athlete information packet. I authorize ORGANISER staff, representatives, contractors or other medical personnel to obtain or provide medical care for me, to transport me to a medical facility, and to provide treatment (including but not limited to evacuation, hospitalisation, blood transfusions, surgery and medications) they consider necessary for my health. I agree to pay all costs associated with that care and transportation. I agree, to the release (to or by ORGANISER, insurance carriers, other health care providers and their staff, representatives or contractors) of any medical information or records necessary for treatment, referral, billing or other purposes.
I agree to provide the name and contact phone number of a person, who is not a participant in the Event, who can be contacted in the event of an emergency, which person will be available during and after the Event. I grant to ORGANISER, its affiliates, designees and assignees the right and permission to photograph, film, record and/or otherwise capture in any media the name, image, voice, written statement, photograph and/or visual likeness of me and/or my family members (collectively “images”), with right to sublicense, during the activities or otherwise, without compensation, for use for any purpose in any media throughout the world in perpetuity, including but not limited to use in broadcasts, photographs, publications, podcasts, webcasts, motion pictures, brochures, CDs, DVDs, internet websites, social media platforms, television, and/or in any related commercial, informational, educational, advertising, or promotional materials. I understand that all ownership and copyright rights in the images shall be owned by ORGANISER and I waive any inspection or approval rights. I understand and agree that my name, bib number and race results will be available to the public during and after the Event.
I consent to ORGANISER providing my personal details to (i) the official Event photographer, as designated by ORGANISER, which photographer may contact me via email to alert me when photos from the Event are available on its website, and (ii) other third parties for non-marketing related matters. I consent to my name and contact details being included on the ORGANISER Event database and that unless I specify to the contrary, I will be subscribed to various ORGANISER related publications which include a monthly newsletter and other promotional materials about upcoming events. I acknowledge that I am able to opt-out of these services at any time. I agree that if I choose not to be included on the ORGANISER Event database I will still receive newsletters that relate to the Event in which I have registered.
I also agree that it is my responsibility to obtain information and Event up dates from the Event website, (if applicable).I am fully responsible for the security of my personal possessions at the Event and ORGANISER will not be liable for the replacement of any personal possessions. ORGANISER reserves the right, in its sole discretion, to dismiss any participant from the activities, to deny or revoke entry of any applicant at any time, to issue special entries and/or to disqualify any participant from the Event. If I am dismissed or depart for any reason, I agree that I am responsible for all costs of early departure whether for medical reasons, dismissal, personal emergencies or otherwise. If my Event entry application is denied or revoked, I agree that ORGANISER is not responsible for costs incurred or damages suffered by me or my family in excess of the amount of the entry fee. In the event that ORGANISER denies or disqualifies any participant from the Event (either before or during the Event), ORGANISER will not refund any entry fees to that participant where the participant has misrepresented their eligibility to participate in the Event at the time of entry or has breached any of the conditions of this Form.
This Form is effective in regard to participant’s enrollment or participation in the activities from the date signed through the completion of all activities, and this Form shall remain in full force and effect following completion of all activities. ORGANISER may assign this Form to other entity/s or individual/s (“assignees”) at any time, and any such assignment will grant assignees the full rights and protections accorded in this Form.
This Form is intended to be interpreted and enforced to the fullest extent allowed by law. If any portion of this Form is deemed unlawful or unenforceable, it shall not affect the enforceability of the remaining provisions, and those remaining provisions shall continue in full force and effect.I, participant and parent/guardian of a minor participant agree: I have carefully read, understand and agree to voluntarily sign this Form and acknowledge that it shall be effective and legally binding upon me/participant, my spouse and other children, my/participant’s other family members and my/participant’s heirs, executors, representatives, subrogors and estate. The minor participant, his/her guardian or minor participant and his/her parent must complete all information and sign below.
You agree to be bound and governed by the laws of New Zealand and submit to the exclusive jurisdiction of the New Zealand courts.
If any complaints or dispute arises concerning the Event and/or this Terms, you agree that the compliant or dispute:
will first be referred to a representative of The Prospector with the objective of reaching an acceptable solution to the problem;
if such an agreed solution cannot be reached to the satisfaction of both parties within xx days of the reference of Nduro pursuant to clause a above, either of the Parties may then refer the dispute to mediation in accordance with the rules of the Arbitrators & Mediators Institute of New Zealand; and
If the dispute is not settled by agreement between the parties within 30 days of the commencement of mediation, then either party may refer the matter to arbitration in accordance with the Arbitration Act 1996. The decision of the arbitrator is final and binding