GIANT 2W ENDURO SERIES Terms, Conditions of Entry & Acknowledgments
1.INSTRUCTIONS & IMPORTANT INFORMATION
1.1 PLEASE READ: These terms and conditions of entry and acknowledgments (Terms) comprise various acknowledgements, waivers, releases from liability, and indemnities in relation to the Giant 2W Enduro Series (including related programs and/or activities) (the Event). They also contain important information about Our (Nduro Events 2014 Limited - Nduro) policies applicable to the Event, including postponement, cancellation, transfers and refunds.
1.2 By completing the electronic check box or signing a paper version of these Terms, you are acknowledging and agreeing to the statements, contents and information set out in these Terms. We, and other related parties, expressly rely upon your acknowledgement and agreement
1.3 Please read the entirety of these Terms carefully before continuing with your entry and/or signing. This form and the Terms have legal consequences and will affect your legal rights, including reducing and/or eliminating your ability to bring claims against Us (Nduro) and other parties associated with the Event.
2.ACKNOWLEDGMENT
2.1. I, the participant and/or parent/guardian of a minor participant:
(a) understand and acknowledge that by electronically checking the box below, or signing a paper version of these Terms, I am agreeing to the statements in these Terms, and that these statements and acknowledgments are being relied upon by Us/Nduro and the Released Parties (see clause 11.1(a)).
(b) confirm and warrant that I have carefully read, understand and agree to voluntarily sign these Terms and acknowledge that they will be legally binding on Me, the participant and others including where applicable my family, heirs, executors, representatives, subrogators and estate.
2.2. The Event website (www.2W.co.nz) may contain other terms and conditions that apply to the Event. By participating in the Event, I acknowledge, agree and accept 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 that person is assumed to be my agent and that person has accepted on my behalf these Terms, any terms on the Event website and those within the online registration form.
3.COMPLEMENTARY GIFTS & ENTRY BENEFITS
3.1 We (including our sponsors and/or partners) may supply you complimentary gifts and benefits as part of your entry to the Event but we cannot guarantee the availability or supply of any specific gift or benefit. We are not responsible or liable for any loss suffered by You if any gift or benefit is unable to be supplied or unavailable for any reason.
3.2 Where a specific gift or benefit is not available, We have at Our sole discretion the right to attempt to substitute the unavailable gift or benefit at any time, without notification.
3.3 These gifts and benefits are non-transferrable, may not be exchanged or redeemed for cash and are complimentary.
3.4 To the fullest extent permitted by law, We are also not responsible or liable for any loss (including direct or consequential loss) or damages arising directly or indirectly from Your use or acceptance of the gift or benefit.
4.TIMEKEEPING
An Event timekeeping chip will be made available to you. The timekeeping chip can fail at times. In the event of chip failure, We may be unable to provide you a time record of your participation in the Event. In such a case, you will have no claim against Us, nor any entitlement to a refund of the entry fee in part or full.
5.ADDITIONAL SERVICES
We provide additional services and items available for purchase as part of the Event. Any additional services or purchases made by you are also non-refundable in the event you change your mind about the quantity, size, style or service. You must carefully consider clothing sizes that are appropriate before ordering.
6.ASSUMPTION OF RISKS
6.1 The Event and other activities associated with it take place indoors and outdoors in various locations. They 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, travelling in vehicles to/from and during the Event and other activities (collectively, Activities).
6.2 Activities may be scheduled or unscheduled, mandatory or optional, structured or unstructured, and include free time. There are inherent risks, hazards and damages associated with these Activities which can cause injury, damage, death or other loss to you and others. These risks include (but are not limited to) those usually associated with competitive or athletic activities, the need for extreme fitness and endurance, outdoor environments, Our decisions and conduct (including employees, contractors, volunteers), decisions and conduct of other parties (such as co-participants/competitors, spectators and other users of the environment), your underlying health conditions (whether disclosed or not, known or unknown) and the locations or premises and equipment.
6.3 You must be fully capable of participating in the Event without causing harm to yourself or others. You agree that you are physically fit, have sufficiently trained for participation in this Event and have not been advised otherwise by a qualified medical professional.
6.4 Before participating in any Activities you may inspect the race course, facilities, equipment and areas to be used in conjunction with the Activities. You agree to immediately advise Us or one of Our Event officials if you believe or become aware that the race course, facilities, equipment or areas to be used for the Event are unsafe.
6.5 The information provided in these Terms are not exhaustive. Other unknown or unanticipated activities, inherent or other risks and outcomes, may exist. We cannot assure Your safety or eliminate all risks. We are available by various means of communication including social media, in person, email, phone call and in person before and during the Event to answer any questions about the activities and associated risks.
6.6 You acknowledge that You are voluntarily participating with knowledge of the risks. You assume and accept full responsibility for Yourself, for the risks of the activities, and for any injury, damage, death or other loss you may suffer as a result of these risks, including but not limited to, the risk of Your co-participant, a spectator, a volunteer, a third party, or a Released Party’s passive or active negligence or misconduct.
7.BEHAVIOURAL STANDARDS
7.1 You agree to respect the rights, dignity and worth of every individual at the Event, including participants, volunteers and spectators and at all times must act professionally and responsibly, maintain high standards of respect, not use inappropriate or offensive language or engage in inappropriate or offensive behaviour, not discriminate against any person on any grounds, but in particular based on sex, sexual orientation, ethnicity, religion, ability or performance.
7.2 You must review all materials supplied by Us, accurately complete and agree to the registration information, documents and process and obey all rules, policies and directions at all times. These include, but are not limited to, those contained in these Terms and as detailed on the Event website (which may be amended from time to time) and all traffic laws.
8.CANCELLATION & REFUND
8.1 We reserve the right to amend or cancel the Event at our sole discretion. This includes changes to dates, times, contents and programs of the Event.
8.2 You understand and agree that if you wish to withdraw from the Event, or amend Your Entry, You must do so yourself through Our online registration, and agree that the specific Event cancellation policy as set out on the Event website will apply.
8.3 You understand and agree that if you wish to change an option on your entry such as a different event distances, or amend Your Entry, You must do so yourself through Our online registration, and agree that you must pay the associated fees. to process this change. You understand and agree that partial refunds are not offered for distances changes however if selecting a greator distances the you must pay the difference in entry fee.
9.FORCE MAJEURE EVENT
9.1 You understand and agree that the Event may be cancelled, modified, delayed, re-routed or brought to a premature end without notice if a force majeure event or incident occurs which makes it impossible for the Event to take place on the scheduled dates or to continue. Such events may include, without limitation: natural disasters, dangerous or unsafe weather, acts of terrorism, labour difficulty, work stoppage, insurrection, war, pandemic, order or decision of government/government department/authority, order or decision of landowner.
9.2 Where a force majeure event occurs, We will not refund You the Entry fee or any costs that You may have incurred or will incur in connection with the Event being cancelled, modified, delayed, terminated early, or otherwise changed.
10.TRANSFER OF ENTRY
10.1 As a participant of the Event, You warrant and represent that the personal information provided to Us is correct and accurate and that when participating You are doing so consistently with that personal information.
10.2 Regardless of whether you have purchased or been gifted entry to the Event, You are not legally permitted to gift or transfer Your entry to another person or sell it to a third party in any circumstances, unless the transfer is completed and authorized by Us in accordance with Our applicable transfer terms and any associated policies.
10.3 If You wish to transfer Your entry to another distance of the Event or to a third party You must do so yourself through Our online registration system, in accordance with the Event specific transfer terms and any associated policies.
10.4 There is no implied right to transfer Your registration to another distance or a third party unless obtaining Our prior consent.
11.RELEASE & INDEMNITY
This section contains a surrender of certain legal rights, including release and indemnification for any claim from personal injury, wrongful death, property damage, breach of contract or any other claim arising from or associated with the Event. Please read it carefully.
11.1 In consideration for Us accepting Your entry, You:
(a) Release: Waive, release and discharge Us (Nduro Events 2014 Limited), Rotorua Mountain Bike Club, Event sponsors, organisers, promoters, producers, racer directors, officials, staff, advertisers, administrators, contractors, vendors, volunteers; Rotorua District Council (or any other local authority in which the Event may be staged); New Zealand Police; all property owners in which the Activities takes place; any and all provincial, city, town, county and other governmental bodies whose property or personnel are used and/or in any way assist in locations where the Activities take place; each of the aforementioned parent companies, subsidiaries or affiliated companies, assignees, licensees, owners, officers, directors, trustees, partners, board or committee 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 these Terms as the "Released Party" and the “Released Parties”) from any and all claims, liabilities, suits or expenses (including lawyer’s fees and costs) (collectively referred to as “claim” or “claim/s”’) for any injury, damage, death, lost and/or stolen property or other loss in any way connected with Your 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.
(b) Indemnity: Indemnify and hold harmless (protect by reimbursement or payment) the Released Parties from all and any claim/s brought or made by or on behalf of You, Your spouse or partner, a family member, a co-participant, or any other person, for any injury, damage, death or other loss in any way connected with Your enrolment or participation in the Activities; negligence, whether passive or active, of the Released Parties; any breach by the Released Parties of statutory duties; and/or use of any equipment, facilities or premises, howsoever caused.
(c) Successors and assigns: Acknowledge and agree that these Terms shall apply to and be binding on Yourself and Your executors, administrators, heirs, next of kin, successors and assigns.
12.DISPUTE RESOLUTION
If any complaints or disputes arise concerning the Event and/or these Terms, You agree to resolve the matter in the following way:
(a) To first refer the dispute or complaint to Us, with the objective of reaching an acceptable resolution of the issue within 14 days;
(b) If a mutually agreed resolution cannot be reached with 14 days of bringing the complaint or dispute to Our attention, We or You may then refer the issue to mediation in accordance with the rules of the Arbitrators & Mediators Institute of New Zealand;
(c) If the complaint or dispute is not resolved within 30 days of a mediation being completed in accordance with the above clause, then We or You may refer the issue to arbitration for determination by a single arbitrator in accordance with the Arbitration Act 1996, whose decision shall be final and binding.
13.GENERAL PROVISIONS
13.1 Authority – Legal Guardian: If signing as the participant’s legal guardian, You confirm You have legal authority to act for the participant and on their behalf. If Your status as legal guardian is found to be invalid, then You agree to defend and indemnify the Released Parties to the fullest extent allowed by law and in accordance with these Terms, just as if You were the participant’s legal guardian.
13.2 Participant packs: Your participant pack (which contains your race bib/plate and timing chip) must be picked up by You as the registered participant in person at the scheduled participant check in, prior to the Event, as detailed on the Event website. You acknowledge that photo identification may be required to check in and pick up Your information pack.
13.3 Medical care & personal information: You authorize Us, our staff, representatives, contractors, and other medical personnel to obtain or provide medical care to You, to transport You to a medical facility and to provide treatment (including but not limited to evacuation, hospitalization, blood transfusions, surgery and medication) that we consider necessary for your health and wellbeing. You agree to pay all costs associated with that care and transportation, and to release to Us any medical records or personal information necessary for treatment, referral, billing or other reasonable purposes.
13.4 Emergency contact information: You 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 and that that person will be available during and after the Event.
13.5 Image rights: You grant Us, Rotorua Mountain Bike Club (including our affiliates, photographers, sponsors and partners) the right and permission to photograph, film, record and/or capture in any media Your name, image, voice, written statement, photograph and/or visual likeness of You or Your family members and supporters (Images) during the Activities or otherwise, and use and sublicence without compensation, for any purpose throughout the world in perpetuity, including but not limited to
13.6. Name, bib number, race results:
13.7 Disclosure of personal information: You consent to Us providing Your personal details to the official Event photographer who may contact You to alert You when photos of the Event are available on its website; the official medical provider and/or emergency services who You agree will also share the nature of any injuries You may sustain with Us for the purpose of improving the safety of the Event; Rotorua Mountain Bike Club, Major partners and sponsors for marketing purposes directly to You (which You may opt out of via their platforms); other third parties and Event suppliers for non-marketing related matters. You also consent to Your name and contact details being included on Our database and being automatically subscribed to various related publications of Ours, including monthly newsletters and other promotional materials about upcoming events. You also acknowledge that if You elect to not being included on the Event database or opt out of receiving these communications, that We will still provide You necessary information and newsletters relating to the Event You have registered for.
13.8 Staying up to date: You acknowledge that it is Your responsibility to obtain information and updates about the Event from the Event website (where applicable).
13.9 Protecting property: You shall be fully responsible for the security of Your property and possessions at the Event or during any Activities and acknowledge that We will not be liable for any loss, damage or replacement of Your property or possessions.
13.10 Misrepresentation: We reserve the right at Our sole discretion to dismiss or disqualify You from the Event (both before, during or afterwards) where you have misrepresented Your eligibility to participate in the Event at the time of entry.
13.11 Dismissal or withdrawal from Event: Failure to comply with these Terms may lead to You being withdrawn, dismissed or disqualified from the Event and/or prohibited from entering in Our future events. Your participation in the Event is contingent on Your consent and ongoing compliance with these Terms and Our receipt and review of all required information, including Your approval and acknowledgment of these Terms. We reserve the right at any time, at Our sole discretion, to dismiss You from the Activities, to deny or revoke entry and/or disqualify You from the Event. If You are dismissed, disqualified, Your entry revoked, or You depart or do not participate for any reason, whether for medical reasons, dismissal, personal emergencies or otherwise, You will be responsible for all costs of early departure or Your inability to attend and/or complete the Event. You agree that we are not responsible for costs incurred or damages suffered by You or Your family in excess of the amount of the entry fee and that Our terms and policies relating to transfer of entry, cancellation, postponement and/or refunds, shall apply, together with the release, waiver and indemnity provisions of these Terms.
13.12 Application: These Terms and Your agreement and approval of them are effective to Your enrolment or participation in the Activities from the date signed or endorsed through to the completion of all Activities. Your acknowledgment and consent shall remain in full force and effect following completion of all Activities.
13.13 Assignment: We may assign Your agreement to these Terms and Our rights arising from this to other entities and/or individuals at any time. Such an assignment will grant the recipient/assignee the full rights and protections granted by these Terms.
13.14 Severance: These Terms are intended to be enforced to the fullest extent allowed by law. If any provision in these Terms 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.
13.15 Governing Law: These Terms shall be governed and interpreted in accordance with the laws of New Zealand. You agree to submit to the exclusive jurisdiction of the New Zealand legal and/or judicial system.
1.INSTRUCTIONS & IMPORTANT INFORMATION
1.1 PLEASE READ: These terms and conditions of entry and acknowledgments (Terms) comprise various acknowledgements, waivers, releases from liability, and indemnities in relation to the Giant 2W Enduro Series (including related programs and/or activities) (the Event). They also contain important information about Our (Nduro Events 2014 Limited - Nduro) policies applicable to the Event, including postponement, cancellation, transfers and refunds.
1.2 By completing the electronic check box or signing a paper version of these Terms, you are acknowledging and agreeing to the statements, contents and information set out in these Terms. We, and other related parties, expressly rely upon your acknowledgement and agreement
1.3 Please read the entirety of these Terms carefully before continuing with your entry and/or signing. This form and the Terms have legal consequences and will affect your legal rights, including reducing and/or eliminating your ability to bring claims against Us (Nduro) and other parties associated with the Event.
2.ACKNOWLEDGMENT
2.1. I, the participant and/or parent/guardian of a minor participant:
(a) understand and acknowledge that by electronically checking the box below, or signing a paper version of these Terms, I am agreeing to the statements in these Terms, and that these statements and acknowledgments are being relied upon by Us/Nduro and the Released Parties (see clause 11.1(a)).
(b) confirm and warrant that I have carefully read, understand and agree to voluntarily sign these Terms and acknowledge that they will be legally binding on Me, the participant and others including where applicable my family, heirs, executors, representatives, subrogators and estate.
2.2. The Event website (www.2W.co.nz) may contain other terms and conditions that apply to the Event. By participating in the Event, I acknowledge, agree and accept 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 that person is assumed to be my agent and that person has accepted on my behalf these Terms, any terms on the Event website and those within the online registration form.
3.COMPLEMENTARY GIFTS & ENTRY BENEFITS
3.1 We (including our sponsors and/or partners) may supply you complimentary gifts and benefits as part of your entry to the Event but we cannot guarantee the availability or supply of any specific gift or benefit. We are not responsible or liable for any loss suffered by You if any gift or benefit is unable to be supplied or unavailable for any reason.
3.2 Where a specific gift or benefit is not available, We have at Our sole discretion the right to attempt to substitute the unavailable gift or benefit at any time, without notification.
3.3 These gifts and benefits are non-transferrable, may not be exchanged or redeemed for cash and are complimentary.
3.4 To the fullest extent permitted by law, We are also not responsible or liable for any loss (including direct or consequential loss) or damages arising directly or indirectly from Your use or acceptance of the gift or benefit.
4.TIMEKEEPING
An Event timekeeping chip will be made available to you. The timekeeping chip can fail at times. In the event of chip failure, We may be unable to provide you a time record of your participation in the Event. In such a case, you will have no claim against Us, nor any entitlement to a refund of the entry fee in part or full.
5.ADDITIONAL SERVICES
We provide additional services and items available for purchase as part of the Event. Any additional services or purchases made by you are also non-refundable in the event you change your mind about the quantity, size, style or service. You must carefully consider clothing sizes that are appropriate before ordering.
6.ASSUMPTION OF RISKS
6.1 The Event and other activities associated with it take place indoors and outdoors in various locations. They 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, travelling in vehicles to/from and during the Event and other activities (collectively, Activities).
6.2 Activities may be scheduled or unscheduled, mandatory or optional, structured or unstructured, and include free time. There are inherent risks, hazards and damages associated with these Activities which can cause injury, damage, death or other loss to you and others. These risks include (but are not limited to) those usually associated with competitive or athletic activities, the need for extreme fitness and endurance, outdoor environments, Our decisions and conduct (including employees, contractors, volunteers), decisions and conduct of other parties (such as co-participants/competitors, spectators and other users of the environment), your underlying health conditions (whether disclosed or not, known or unknown) and the locations or premises and equipment.
6.3 You must be fully capable of participating in the Event without causing harm to yourself or others. You agree that you are physically fit, have sufficiently trained for participation in this Event and have not been advised otherwise by a qualified medical professional.
6.4 Before participating in any Activities you may inspect the race course, facilities, equipment and areas to be used in conjunction with the Activities. You agree to immediately advise Us or one of Our Event officials if you believe or become aware that the race course, facilities, equipment or areas to be used for the Event are unsafe.
6.5 The information provided in these Terms are not exhaustive. Other unknown or unanticipated activities, inherent or other risks and outcomes, may exist. We cannot assure Your safety or eliminate all risks. We are available by various means of communication including social media, in person, email, phone call and in person before and during the Event to answer any questions about the activities and associated risks.
6.6 You acknowledge that You are voluntarily participating with knowledge of the risks. You assume and accept full responsibility for Yourself, for the risks of the activities, and for any injury, damage, death or other loss you may suffer as a result of these risks, including but not limited to, the risk of Your co-participant, a spectator, a volunteer, a third party, or a Released Party’s passive or active negligence or misconduct.
7.BEHAVIOURAL STANDARDS
7.1 You agree to respect the rights, dignity and worth of every individual at the Event, including participants, volunteers and spectators and at all times must act professionally and responsibly, maintain high standards of respect, not use inappropriate or offensive language or engage in inappropriate or offensive behaviour, not discriminate against any person on any grounds, but in particular based on sex, sexual orientation, ethnicity, religion, ability or performance.
7.2 You must review all materials supplied by Us, accurately complete and agree to the registration information, documents and process and obey all rules, policies and directions at all times. These include, but are not limited to, those contained in these Terms and as detailed on the Event website (which may be amended from time to time) and all traffic laws.
8.CANCELLATION & REFUND
8.1 We reserve the right to amend or cancel the Event at our sole discretion. This includes changes to dates, times, contents and programs of the Event.
8.2 You understand and agree that if you wish to withdraw from the Event, or amend Your Entry, You must do so yourself through Our online registration, and agree that the specific Event cancellation policy as set out on the Event website will apply.
8.3 You understand and agree that if you wish to change an option on your entry such as a different event distances, or amend Your Entry, You must do so yourself through Our online registration, and agree that you must pay the associated fees. to process this change. You understand and agree that partial refunds are not offered for distances changes however if selecting a greator distances the you must pay the difference in entry fee.
9.FORCE MAJEURE EVENT
9.1 You understand and agree that the Event may be cancelled, modified, delayed, re-routed or brought to a premature end without notice if a force majeure event or incident occurs which makes it impossible for the Event to take place on the scheduled dates or to continue. Such events may include, without limitation: natural disasters, dangerous or unsafe weather, acts of terrorism, labour difficulty, work stoppage, insurrection, war, pandemic, order or decision of government/government department/authority, order or decision of landowner.
9.2 Where a force majeure event occurs, We will not refund You the Entry fee or any costs that You may have incurred or will incur in connection with the Event being cancelled, modified, delayed, terminated early, or otherwise changed.
10.TRANSFER OF ENTRY
10.1 As a participant of the Event, You warrant and represent that the personal information provided to Us is correct and accurate and that when participating You are doing so consistently with that personal information.
10.2 Regardless of whether you have purchased or been gifted entry to the Event, You are not legally permitted to gift or transfer Your entry to another person or sell it to a third party in any circumstances, unless the transfer is completed and authorized by Us in accordance with Our applicable transfer terms and any associated policies.
10.3 If You wish to transfer Your entry to another distance of the Event or to a third party You must do so yourself through Our online registration system, in accordance with the Event specific transfer terms and any associated policies.
10.4 There is no implied right to transfer Your registration to another distance or a third party unless obtaining Our prior consent.
11.RELEASE & INDEMNITY
This section contains a surrender of certain legal rights, including release and indemnification for any claim from personal injury, wrongful death, property damage, breach of contract or any other claim arising from or associated with the Event. Please read it carefully.
11.1 In consideration for Us accepting Your entry, You:
(a) Release: Waive, release and discharge Us (Nduro Events 2014 Limited), Rotorua Mountain Bike Club, Event sponsors, organisers, promoters, producers, racer directors, officials, staff, advertisers, administrators, contractors, vendors, volunteers; Rotorua District Council (or any other local authority in which the Event may be staged); New Zealand Police; all property owners in which the Activities takes place; any and all provincial, city, town, county and other governmental bodies whose property or personnel are used and/or in any way assist in locations where the Activities take place; each of the aforementioned parent companies, subsidiaries or affiliated companies, assignees, licensees, owners, officers, directors, trustees, partners, board or committee 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 these Terms as the "Released Party" and the “Released Parties”) from any and all claims, liabilities, suits or expenses (including lawyer’s fees and costs) (collectively referred to as “claim” or “claim/s”’) for any injury, damage, death, lost and/or stolen property or other loss in any way connected with Your 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.
(b) Indemnity: Indemnify and hold harmless (protect by reimbursement or payment) the Released Parties from all and any claim/s brought or made by or on behalf of You, Your spouse or partner, a family member, a co-participant, or any other person, for any injury, damage, death or other loss in any way connected with Your enrolment or participation in the Activities; negligence, whether passive or active, of the Released Parties; any breach by the Released Parties of statutory duties; and/or use of any equipment, facilities or premises, howsoever caused.
(c) Successors and assigns: Acknowledge and agree that these Terms shall apply to and be binding on Yourself and Your executors, administrators, heirs, next of kin, successors and assigns.
12.DISPUTE RESOLUTION
If any complaints or disputes arise concerning the Event and/or these Terms, You agree to resolve the matter in the following way:
(a) To first refer the dispute or complaint to Us, with the objective of reaching an acceptable resolution of the issue within 14 days;
(b) If a mutually agreed resolution cannot be reached with 14 days of bringing the complaint or dispute to Our attention, We or You may then refer the issue to mediation in accordance with the rules of the Arbitrators & Mediators Institute of New Zealand;
(c) If the complaint or dispute is not resolved within 30 days of a mediation being completed in accordance with the above clause, then We or You may refer the issue to arbitration for determination by a single arbitrator in accordance with the Arbitration Act 1996, whose decision shall be final and binding.
13.GENERAL PROVISIONS
13.1 Authority – Legal Guardian: If signing as the participant’s legal guardian, You confirm You have legal authority to act for the participant and on their behalf. If Your status as legal guardian is found to be invalid, then You agree to defend and indemnify the Released Parties to the fullest extent allowed by law and in accordance with these Terms, just as if You were the participant’s legal guardian.
13.2 Participant packs: Your participant pack (which contains your race bib/plate and timing chip) must be picked up by You as the registered participant in person at the scheduled participant check in, prior to the Event, as detailed on the Event website. You acknowledge that photo identification may be required to check in and pick up Your information pack.
13.3 Medical care & personal information: You authorize Us, our staff, representatives, contractors, and other medical personnel to obtain or provide medical care to You, to transport You to a medical facility and to provide treatment (including but not limited to evacuation, hospitalization, blood transfusions, surgery and medication) that we consider necessary for your health and wellbeing. You agree to pay all costs associated with that care and transportation, and to release to Us any medical records or personal information necessary for treatment, referral, billing or other reasonable purposes.
13.4 Emergency contact information: You 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 and that that person will be available during and after the Event.
13.5 Image rights: You grant Us, Rotorua Mountain Bike Club (including our affiliates, photographers, sponsors and partners) the right and permission to photograph, film, record and/or capture in any media Your name, image, voice, written statement, photograph and/or visual likeness of You or Your family members and supporters (Images) during the Activities or otherwise, and use and sublicence without compensation, for any purpose throughout the world in perpetuity, including but not limited to
13.6. Name, bib number, race results:
13.7 Disclosure of personal information: You consent to Us providing Your personal details to the official Event photographer who may contact You to alert You when photos of the Event are available on its website; the official medical provider and/or emergency services who You agree will also share the nature of any injuries You may sustain with Us for the purpose of improving the safety of the Event; Rotorua Mountain Bike Club, Major partners and sponsors for marketing purposes directly to You (which You may opt out of via their platforms); other third parties and Event suppliers for non-marketing related matters. You also consent to Your name and contact details being included on Our database and being automatically subscribed to various related publications of Ours, including monthly newsletters and other promotional materials about upcoming events. You also acknowledge that if You elect to not being included on the Event database or opt out of receiving these communications, that We will still provide You necessary information and newsletters relating to the Event You have registered for.
13.8 Staying up to date: You acknowledge that it is Your responsibility to obtain information and updates about the Event from the Event website (where applicable).
13.9 Protecting property: You shall be fully responsible for the security of Your property and possessions at the Event or during any Activities and acknowledge that We will not be liable for any loss, damage or replacement of Your property or possessions.
13.10 Misrepresentation: We reserve the right at Our sole discretion to dismiss or disqualify You from the Event (both before, during or afterwards) where you have misrepresented Your eligibility to participate in the Event at the time of entry.
13.11 Dismissal or withdrawal from Event: Failure to comply with these Terms may lead to You being withdrawn, dismissed or disqualified from the Event and/or prohibited from entering in Our future events. Your participation in the Event is contingent on Your consent and ongoing compliance with these Terms and Our receipt and review of all required information, including Your approval and acknowledgment of these Terms. We reserve the right at any time, at Our sole discretion, to dismiss You from the Activities, to deny or revoke entry and/or disqualify You from the Event. If You are dismissed, disqualified, Your entry revoked, or You depart or do not participate for any reason, whether for medical reasons, dismissal, personal emergencies or otherwise, You will be responsible for all costs of early departure or Your inability to attend and/or complete the Event. You agree that we are not responsible for costs incurred or damages suffered by You or Your family in excess of the amount of the entry fee and that Our terms and policies relating to transfer of entry, cancellation, postponement and/or refunds, shall apply, together with the release, waiver and indemnity provisions of these Terms.
13.12 Application: These Terms and Your agreement and approval of them are effective to Your enrolment or participation in the Activities from the date signed or endorsed through to the completion of all Activities. Your acknowledgment and consent shall remain in full force and effect following completion of all Activities.
13.13 Assignment: We may assign Your agreement to these Terms and Our rights arising from this to other entities and/or individuals at any time. Such an assignment will grant the recipient/assignee the full rights and protections granted by these Terms.
13.14 Severance: These Terms are intended to be enforced to the fullest extent allowed by law. If any provision in these Terms 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.
13.15 Governing Law: These Terms shall be governed and interpreted in accordance with the laws of New Zealand. You agree to submit to the exclusive jurisdiction of the New Zealand legal and/or judicial system.
