SportzMad Ltd Terms and Conditions - Event entrants
These terms and conditions apply to all participants who register to take part in an event organised by SportzMad Ltd. In these terms and conditions participants will be referred to as “you” and the event organiser will be referred to as “SportzMad”.
- By registering you are agreeing to any data provided being used by the Event Organiser to contact you regarding their other events.
- If the event has to be postponed for any reason, the Event Organiser will endeavour to arrange an alternative event, and you will be notified of the new date and venue of the re-arranged event. These terms and conditions will continue to apply to the re-arranged event. No refund will be given if you do not wish or are unable to participate in the re-arranged event. Accommodation fees will not be refunded if the event is re-scheduled.
- Sportive results are published for individuals only and in surname order.
- You must wear a safety approved cycle helmet during the event, any riders not doing so will not be covered by the event insurance and will be disqualified from the event.
- You confirm that the bicycle you are riding for the event and all of your equipment is of a suitable standard and roadworthiness.
- If you wish to use an e-bike at one of our events, it must be fully compliant with UK law - e.g. no “chipped” or overpowered e-bikes. These are considered illegal in the UK and are not allowed at our events.
- As organisers, we are duty-bound to prioritise our resources to deal with genuine first-aid and mechanical issues. Flat e-bike batteries mid-ride are not considered genuine mechanical issues, rather the predictable outcome of poor planning. Riders with flat e-bike batteries are requested to make their own way to the nearest event Feed Station or the race HQ. It should be noted that we may have to wait until the event is finished and/or there are spare resources to facilitate a pick up from these locations. It is therefore suggested that e-bike riders are (1) familiar with their bike’s battery range, and (2) either carry a charged spare battery with them or stash a spare battery at a suitable point on the route in advance.
- E-bike riders agree to ride legally, appropriately and considerately at all times.
- We reserve the right to refuse entry to the event to anyone with inappropriate equipment or clothing.
- Upon signing the Event Registration Form or purchasing an entry, you agree that you are physically and mentally capable of riding the distance you have chosen. If during the event you decide to change the route or distance, you do so at your own risk.
- During the event, there will be warning signs at appropriate points on the trails or roads. The absence of these signs does not signal that there are no dangers approaching and it is your responsibility to make a decision regarding whether to ride a section or not. The marking of the route does not necessarily indicate that the trail or road is rideable and you are deemed to make your own decision about whether to proceed on bike, foot or not at all.
- Any marked route is shown for guidance only and we do not insist that you use the route shown. If you choose to ride a section, it is entirely your own choice. If you choose a different route to avoid obstacles or sections you decide are beyond your capabilities, you do so entirely at your own risk.
- We reserve the right to shorten or alter the published route at any time. You do not have the right to claim a refund if the route is shortened or altered.
- If you fail to complete the course for any reason, you agree to return to or call the event centre before the close of the event and report to a member of staff. Not doing so will mean that a search may be organised and the subsequent cost will be billed to you.
- You are requested to ride in single file where appropriate and no more than 2 abreast at any time. Please be aware of your fellow cyclists, other road users, and any other traffic and always indicate your intention to stop or change direction.
- You must adhere to and obey the Highway Code, local bylaws and the laws of England, Scotland, Wales and N. Ireland or other countries in which the event is taking place as applicable and extend all reasonable courtesy to other road and off-road users.
- You must be considerate to other users of bridleways, tracks, byways and public ways when riding off-road. Upon seeing other users, such as horse riders, walkers, farm traffic, and other cyclists, you are required to slow down and pass with care. Where appropriate, you should stop and wait at the side of the route for other users to pass safely.
- You must not drop or leave any litter on any part of the route but dispose of it responsibly at an appropriate place or bin. Any rider found littering will be disqualified from the event.
- You are expected to respect the roads, villages and countryside that the events travel through. It should be remembered that this is both a working landscape and home to many communities. If you stop for a comfort break you are asked to do so discretely and appropriately and not to cause any offence to local residents or other riders
- You will be fully responsible for any fees or costs incurred or arising from an accident either involving or caused by you. This includes, but is not exclusive to, fees from Police, Air Ambulance, Fire and Rescue and the Ambulance service. If the situation arises that you are not capable of making the decision to call the emergency services, you agree that a member of our Team or a member of the public may call on your behalf. In this situation, you still accept the costs and consequences of such actions.
- You accept full responsibility for any fees or costs incurred or arising from the need for repatriation.
- Participation in the event is at your own risk.
- Third party insurance cover is provided for all riders during the event, covering claims resulting from accidental damage to third party property. This insurance cover is adjudged void if it is deemed the rider has acted negligently. No further insurance cover is provided by us for riders participating in an event.
- We strongly recommend each rider organises their own personal insurance cover.
- It is a condition of entry for events outside of the United Kingdom that you have purchased a suitable level of travel insurance to cover the potential activity and liability involved.
By participating in the event, you confirm and agree that we and third parties authorised by us may record you via photographs, film, audio, audio-visual or other recording, still or moving, during the event (“Recordings”). We shall own all rights in such recordings and you hereby (i) assign to us any and all present and future copyright, performance rights and any other right, title and interest in and to the Recordings and you hereby waive the benefit of any law known as “moral rights”; (ii) agree that we may use the Recordings for any purpose at our sole discretion including in any marketing and/or publicity materials, and on any website and social media; and (iii) agree that the Recordings may be altered, edited and/or modified (e.g. combined with other images, text, graphics and/or sound). You hereby release us from any and all liability from such use and promotion and specifically waive any right to any compensation you may have for appearing in any of the Recordings
- In the case of competition entries or giveaways, the winner agrees to the use of his or her name, photograph and disclosure of county of residence and will co-operate with any other reasonable requests from us relating to any post-winning publicity.
- If you want to take court proceedings, the relevant courts of the part of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this contract. The laws of England and Wales will apply to this contract.
SportzMad Ltd Terms and Conditions - Race Services
The following are the “Terms and Conditions” which govern the delivery of the services provided by Sportzmad Ltd (“SportzMad”) to a client noted in the applicable quotation or invoice (“Client”) which is executed by and between the parties and references these Terms and Conditions.
- Project Authorisation & Services. The “Services” provided under these Terms and Conditions will be those set forth in any mutually agreed services schedule, SportzMad quotation (“Quote”), order form, statement of work or other document executed by SportzMad and Client referencing these Terms and Conditions (each, a “Services Schedule”). Each Quotation or Invoice shall be governed by these Terms and Conditions. The Client warrants that the individual executing the Services Schedule is a duly authorised representative of the Client.
- SportzMad provide Quotations based upon the information brief supplied at the time. If the brief subsequently changes then the Quotation may need to be updated. All Quotations are valid for 1 month. Nearer the race date the Quotation may need to be updated if the race date is outside of this 1 month window.
- Payment for Services. Services fees are invoiced in full upon delivery of an order, or provision of a service, except as otherwise specified on the applicable Quotation or Invoice. The fees specified in the Quotation or Invoice are the total fees and charges for the Services provided. Payment is to be made upon receipt of invoice unless otherwise stated in the quotation or invoice.
- Term and Conditions duration. These Terms and Conditions shall remain in effect from the Quotation date to the date that final, full payment is received by SportzMad.
- Once the Quotation is accepted, the Client may terminate the Services Schedule upon written notice to SportzMad. The Client shall be liable for any costs incurred by SportzMad up to the cancellation date.
- The Client shall provide SportzMad with access to data, materials, software and hardware as reasonably required for SportzMad to perform the Services (“Client Materials”). Client hereby grants SportzMad a limited right to use such Client Materials solely for the purpose of performing Services hereunder. Client represents and warrants that it has all rights necessary in the Client Materials to provide them to SportzMad for such purpose. Client shall provide SportzMad with safe access to Client’s premises or race locations as reasonably required for SportzMad to perform the Services, if onsite performance of Services is needed and agreed to by Client. SportzMad personnel shall comply with the reasonable written rules and regulations of Client related to use of its premises or locations, provided that such written rules and regulations are provided to SportzMad prior to commencement of the Services. SportzMad shall not be responsible for failures or delays in performing Services due to Client’s failure or delay to provide access to Client Materials or Client premises or due to Client-imposed or otherwise imposed security requirements.
- Intellectual Property Rights. Client has and will retain sole and exclusive right, title and interest in and to all Client Confidential Information, Client Materials, Third Party Data, and Third Party Account Information (collectively, “Client Property”), including any and all intellectual property rights therein. SportzMad has and will retain sole and exclusive right, title and interest in and to all SportzMad Confidential Information, SportzMad products, SportzMad service, and all SportzMad technology, platforms, methodologies, processes, techniques, ideas, concepts, designs, tools, trade secrets and know-how, and any modifications, improvements or derivative works of the foregoing, including any and all intellectual property rights therein, (collectively, “SportzMad Property”). However, SportzMad’ ownership rights do not extend to Client Property embedded or incorporated in the foregoing items.
- Provided that Client performs its obligations to SportzMad under these Terms and Conditions and the applicable Services Schedule, SportzMad warrants to Client that the Services performed by SportzMad will be performed consistent with generally accepted industry practice.
- Limitation of Liability. NOTWITHSTANDING ANYTHING IN THESE TERMS AND CONDITIONS TO THE CONTRARY, THE ENTIRE LIABILITY OF EITHER PARTY TO THE OTHER ARISING OUT OF THESE TERMS AND CONDITIONS FOR THE SERVICES PERFORMED HEREUNDER SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY CLIENT TO SPORTZMAD UNDER THE APPLICABLE SERVICES SCHEDULE. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS OR DATA) WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE PARTIES AGREE THAT THE LIMITATIONS SPECIFIED IN THIS SECTION 9 WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS AND CONDITIONS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.