Event: Sumo Run 2015
Event Website: www.sumorun.com
Entry Fee: £25, unless otherwise stated by the Organiser
Charity Funds: £50, unless otherwise stated by the Organiser
Event Date: Sunday 4 October 2015
Registration Deadline: 10am on Sunday 4 October 2015
THIS AGREEMENT is made on the date set out in the signature block below BETWEEN:
(1) Link Community Development (registered charity number 1048007 / SCO37959) a charity registered in England & Wales and Scotland whose registered office is at Dolphin House, 4 Hunter Square, Edinburgh, EH1 1QW (the “Organiser”); and
(2) The “Participant”.
(individually a Party, and taken together, the “Parties”).
WHEREAS the Participant desires to participate in the event as set out in the Event Summary (the “Event”) and the Organiser wishes the Participant to participate in the Event subject to this Agreement
IT IS AGREED as follows:
1.1 Unless defined in this Agreement, defined terms shall have the meaning given to them in either the Event Summary or in Schedule 1 of this Agreement.
1.2 Event summary. The Parties agree that the Event Summary is incorporated by reference into, and forms part of, the terms of this Agreement.
2 TERMS AND CONDITIONS OF ENTRY
2.1 Fundraising. Without prejudice to 2.2 below, the Participant agrees to raise the Charity Funds, and comply with the Fundraising Guide and the Event Guide as published on the Event Website (together, the “Guides”). The Participant agrees that the Guides are incorporated by reference into this Agreement, and the Participant agrees that it shall be bound by the Guides. The Guides may be modified by the Organiser from time to time and the Participant agrees to be bound by these modifications so long as these are notified to the Participant using the Registered Email Address.
2.2 Self-funding participants. The organiser reserves the right, at its own discretion, to offer a different entry package to "self-funding" participants. The Organiser will ask such participants to pay a higher entry fee towards the running of the Event, but will not require such participants to raise the Charity Funds. The self-funding option will be clearly indicated during the registration process. It is only available to those participants who select the self-funding option during the registration process.
2.3 Entry fee. The Organiser reserves the right to alter the entry fee at any point, for any reason, at its own discretion and without prior warning to participants or any other parties. The Participant, upon registering online for the Event, certifying to have read, understood and agree to adhere to the terms and conditions of entry, and paying the Entry Fee, shall be deemed to have executed this Agreement, following which the Organiser shall grant the Participant entry to the Event. No additional consideration other than entry to the Event (subject to the terms of this Agreement) is required to be provided by the Organiser, and in particular the Entry Fee does not cover any other expenses and disbursements incurred by the Participant as a result of their participation in the Event.
2.4 Participation refusal. The Organiser reserves the right to deny the Participant entry to the Event or any part of the Event, at any time and for any reason.
2.5 Use of intellectual property. Upon payment of the Entry Fee and execution of this Agreement, the Participant is granted a non-assignable licence to use the name, logo and website address of the Organiser and the Event for the sole purpose of, and to the extent strictly necessary for, publicising the Participant’s participation in the Event and for seeking and/or collecting charitable donations.
3 CANCELLATION OF PARTICIPATION AND ASSIGNMENT OF OBLIGATIONS
3.1 Cancellation prior to the Event. The Participant may apply, in writing, to the Organiser to request that the Organiser cancels its participation in the Event up to 7 days before the Event Date. Upon written acknowledgement of, and agreement to, this cancellation request by the Organiser, this Agreement shall be terminated and the parties shall waive all claims of whatever nature in respect of this Agreement. Neither the Participant, nor any of its members, shall be entitled to a refund of the Entry Fee, irrespective of the reason given for cancellation.
3.2 Cancellation of the event by the Organiser. The Participant acknowledges that events may happen which are beyond the control of the Organiser, and notwithstanding this fact:
3.2.1 Cancellation. The Organiser may cancel the Event at any time and for any reason, and in particular on the death or serious injury (to be determined at the sole discretion of the Organiser) of one of the directors, officers, trustees, agents, volunteers, representatives or employees of the Organiser.
3.2.2 Liability of the Organiser on cancellation. The Participant agrees that the Organiser shall in no way be liable for any costs, expenses or other liabilities incurred by the Participant in preparing for or participating in the Event.
3.3 Force Majeure. The Organiser shall not be liable for any loss, costs or expenses incurred by the Participant if the Organiser cannot fulfil its obligations under this Agreement due to fire, earthquake, epidemic diseases announced by the World Health Organisation, cyclone, flood, aridity, strike, lightning, war, civil war, revolution or conflict in the Destination Country or any other country en route to the Destination Country, terrorist activities and similar troubles, blockade, embargo, confiscation and expropriation. The Participant agrees not to hold the Organiser responsible if it is not possible for the Organiser to fulfil any one of its obligations under this Agreement, or if a delay occurs in fulfilling its obligations due to any reason or situation beyond its will power and control, including but not limited to the instructions of any relevant official, institution, municipality or other office, or the provisions of law, regulation and statute.
3.4 Indemnity. The Participant shall indemnify the Organiser, its trustees, directors, officers, employees and consultants against any and all claims, lawsuits and causes of action whatsoever or howsoever arising and brought against them by any third party as a result of the Participant’s action, entry to or participation in the Event, including without limitation, its violation of any law or regulation or its breach of this Agreement.
3.5 Assumption of risk. With full knowledge and understanding of the risks associated with the participation in the Event, the Participant hereby enters the Event voluntarily and fully accepts and assumes every such risk for loss, damage, or injury, including death.
3.6 Release of Liability. In consideration for being permitted to participate in the Event, the Participant hereby waives, releases, and forever discharges, its heirs, executors, administrators and legal representatives, any and all rights and/or claims which it has, may have, or may hereafter accrue to it against the Organiser, its officers, trustees, directors, employees, consultants, agents, representatives and event sponsors for any and all damages, injuries (including death), and/or claims which may be sustained directly or indirectly arising out of its participation in the Event (including the application of emergency or medical services at the Event) even if the damages, injuries (including death), and/or claims are caused by the negligence of those persons listed above or otherwise save that nothing herein shall be construed as excluding or limiting the Organiser’s liability for personal injury or death arising from its negligence or the negligence of persons under its control. Further, the Participant covenants not to sue the Organiser, its officers, trustees, directors, employees, consultants, agents, representatives and Event sponsors for any and all damages, injuries (including death), and/or claims which may be sustained by it directly or indirectly arising out of its participation in the Event. This release and discharge includes, but is not limited to, claims for personal injury, death, property damage, economic loss, breach of contract, lost wages, contribution indemnity, indemnity, punitive damages, negligence, or any other legally recognisable claim arising out of my participation in the Event (including all legal costs associated with such claims).
4 PERSONAL PHOTOGRAPHY AND FILMING
4.1 Photographs and film footage. The Participant is entitled to take photographs and film footage of the Event for non-commercial purposes.
4.2 Commercial photography. Any commercial photography or film footage relating to the event requires the prior written permission of the Organiser.
4.3 Supply of footage to Organiser. The Organiser shall have the right to request from the Participant, and upon such a request the Participant shall supply a copy, of all video footage and photographs originating from the Participant’s participation in the Event.
4.4 Image rights and waiver. The Participant hereby waives any and all rights of publicity or privacy and grants the Organiser and Approved Film Crew full and complete permission to utilise and exploit the Participant’s appearance in the Event in any and all manner and media throughout the world in perpetuity. The Participant further agrees that the Organiser and Approved Film Crew have the sole discretion to use or refuse to use any photographs or footage in which the Participant appears and that if the Organiser and Approved Film Crew does use such photographs or footage, it may be edited at the sole discretion of the Organiser and Approved Film Crew. The Participant consents to the use of its name, image, likeness, voice and relevant biographical material in connection with any and all footage, publicity and related promotional material and for any and all publicity and promotional purposes.
4.5 Use of image. The Participant agrees that any rights that the Participant may have in the Event Film or the Participant’s contribution to the Event Film are hereby assigned to the Organisers and that the Organiser shall be exclusively entitled to use, or to assign or licence to others the right to use the Event Film and any recorded material that includes the Participant without restriction in any media through the world in perpetuity and without liability to the Participant, and the Participant hereby grants any consents required for those purposes. The Participant also agrees to allow the Organiser, and any of its assignees or licensees, to use the Participant contribution, photograph, film footage and biographical material in connection not only with the Event Film, but also in any advertising, marketing or publicity for the Event Film and in connection with any ancillary products associated with the Event Film.
4.6 Reliance on consent. The Participant understands that the Organiser and its assignees or licensees are relying upon the consent contained in this Agreement in spending time, money and effort on the Event Film and the Participant’s participation in it, and that this consent, for this and other reasons shall be irrevocable, unless this Agreement is terminated in accordance with Clause 3.1 above.
5 MISCELLANEOUS PROVISIONS
5.1 Rights of third parties. A person who is not a Party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
5.2 Remedies. A delay in exercising, or failure to exercise, any right or remedy under this Agreement does not constitute a waiver of such or other rights or remedies nor shall operate so as to bar the exercise or enforcement thereof. No single or partial exercise of any right or remedy under this Agreement shall prevent further or other exercise of such or other rights or remedies. The rights and remedies contained in this Agreement are cumulative and not exclusive of any rights and remedies provided by law.
5.3 Time of the essence. Time shall be of the essence of this Agreement, both as regards the dates and periods mentioned and as regards any dates and periods which may be substituted for them in accordance with this Agreement or by agreement in writing between the parties.
5.4 No restriction. Nothing in this Agreement shall operate to exclude or restrict any liability of any person for fraud.
5.5 Further assurance. The Parties agree that they shall, at their own cost, now and at any time in the future, do or procure the doing by a third party of all acts and/or execute or procure the execution of all documents in a form satisfactory to the other Party reasonably within its power and as may be reasonably requested of it required to give full effect to this Agreement.
5.6 Counterparts. This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall constitute an original of this Agreement, but all the counterparts shall together constitute one and the same agreement. No counterpart shall be effective until each Party has executed at least one part or counterpart.
5.7 Entire agreement. This Agreement (taken with the agreements referred to herein, including the Fundraising Guide and the Event Guide) constitutes the entire agreement and understanding of the parties in relation to the subject matter of this Agreement. No party has entered into this Agreement in reliance upon any representation, warranty or undertaking by or on behalf of the other party which is not expressly set out in this Agreement.
5.8 Governing law. This Agreement is governed by, and shall be construed in accordance with, the laws of England. In the event of a dispute, the parties agree to submit to the exclusive jurisdiction of the English Courts.
The Participant agrees that they have read this Agreement and the waivers it contains, fully understands its terms, and understands that it has given up substantial rights by signing it. The Participant has done so freely and without inducement, coercion, or duress. The Participant intends this Agreement and the waiver it contains to be a complete and unconditional release of all liability to the greatest extent allowed by law. The Participant agrees that, if any portion of this waiver herein is held to be invalid, the balance of the waiver shall continue in full force and effect.
Please note that by agreeing to adhere to this Agreement, you are concluding a legally binding agreement with the Organiser to participate in the Event on these terms and conditions.
The terms below shall have the following meanings in this Agreement:
“Approved Film Crew” means any film crew which has been given permission by the Organiser to film or photograph the Event.
"Event Film" means any film made by an Approved Film Crew.
“Event Guide” means the event guide published on the Event Website under the title “Event Guide” and updated from time to time by the Organiser.
“Event Summary” means the document entitled Event Summary annexed to the front of this Agreement and agreed by the Parties as having been incorporated by reference into the Agreement.
“Fundraising Guide” means the fundraising guide published on the Event Website under the title “Fundraising Guide” and updated from time to time by the Organiser.
"Organiser" means Link Community Development, a UK registered charity which holds the rights to run the Event.
“Participant” means an individual choosing to take part in the Event as organised by the Organiser in accordance with the provisions of this Agreement.
“Registration Process” means the registration of the Participant with the Organiser in accordance with the provisions of this Agreement.