UK PADDLE ENDURANCE SERIES Agreement and Waiver
UK PADDLE ENDURANCE SERIES AGREEMENT AND LIABILITY WAIVER (this "Agreement and Waiver")
PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY, AS IT AFFECTS YOUR FUTURE LEGAL RIGHTS. BY PROCEEDING WITH REGISTERING FOR THE EVENT, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE CAREFULLY READ AND FULLY UNDERSTOOD THE AGREEMENT AND AGREE TO THE TERMS SET FORTH BELOW.
In consideration of being permitted to register and/or participate in, including without limitation by observing, the activities for which you are registering (the "Event"), on behalf of yourself and any personal representatives, assigns, heirs, executors, successors and next of kin, you understand, agree, warrant and covenant as follows:
ASSUMPTION OF RISK. IN CONSIDERATION OF THE ACCEPTANCE OF YOUR REGISTRATION AND
PARTICIPATION IN THE EVENT, YOU ASSUME FULL AND COMPLETE RISK AND RESPONSIBILITY
FOR ANY INJURY OR ACCIDENT WHICH MAY OCCUR DURING THE EVENT (TO YOURSELF OR YOUR EQUIPMENT), WHILE YOU ARE ON THE PREMISES OF THE EVENT, OR WHILE YOU ARE TRAVELING TO OR FROM THE EVENT. YOU UNDERSTAND THAT PARTICIPATING IN THE EVENT IS HAZARDOUS, AND THAT YOU SHOULD NOT ENTER AND PARTICIPATE UNLESS YOU ARE MEDICALLY ABLE AND PROPERLY TRAINED. YOU ACKNOWLEDGE AND AGREE THAT THE EVENT MAY BE HELD OVER PUBLIC WATERWAYS, ROADS AND FACILITIES OPEN TO THE PUBLIC DURING THE EVENT AND UPON WHICH HAZARDS ARE TO BE EXPECTED. YOU ALSO ACKNOWLEDGE AND AGREE THAT PARTICIPATION IN THE EVENT CARRIES WITH IT CERTAIN INHERENT RISKS AND DANGERS THAT CANNOT BE ELIMINATED COMPLETELY RANGING FROM RISK OF MINOR INJURIES TO CATASTROPHIC INJURIES INCLUDING PERMANENT DISABILITY AND DEATH. YOU ARE AWARE OF AND ASSUME ALL RISKS ASSOCIATED WITH PARTICIPATING IN THE EVENT, INCLUDING WITHOUT LIMITATION RISKS OF PERMANENT INJURY OR DEATH DUE TO FALLS, OBSTACLES, CONTACT WITH OTHER PARTICIPANTS, ACTS OR OMISSIONS OF OTHER PARTICIPANTS, EFFECT OF WEATHER, TRAFFIC AND CONDITIONS OF ANY WATER OR ROAD.
2.Representations. You represent and warrant that you are in good physical condition, are able to safely participate in the Event and have no medical condition that would make your participation in the Event more hazardous. You consent to medical care and transportation in order to obtain treatment in the event of injury to you and understand that this Agreement and Waiver extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury. You agree to observe and obey all posted rules and warnings, to follow any instructions or directions provided to you by UK PADDLE ENDURANCE SERIES or the Event organizer and to abide by any decision of any Event official relative to your ability to safely participate in or attend the Event. You understand and agree that you are expected to exhibit appropriate behaviour at all times while at the Event and to obey all local, civil and criminal laws while participating in or attending the Event. This includes, generally, respect for other people, equipment, facilities or property. You agree that Event officials may dismiss you, without refund, should your behaviour endanger the safety of or negatively affect the Event. You understand and agree that neither UK PADDLE ENDURANCE SERIES nor the Event organizer is responsible for any personal item or property that is lost, damaged or stolen at the Event. You understand and agree that the Event organizer reserves the right to cancel the Event in the event of weather (including, but not limited to, heat, tornadoes, earthquakes, fires, storms, lightning and floods), accidents, acts of war or terrorism, military conflicts or riots or for any reason that would affect the safety and security of Event participants and spectators. In the event of such cancellation, there will be no refund of your payment unless authorized by the Event organizer.
4. Use of Likeness. You hereby grant UK PADDLE ENDURANCE SERIES and the holder of the Event permission to record your voice and photograph you in conjunction with the Event. You understand and agree that the term "photograph" as used herein encompasses both still photographs and video recordings. You further grant UK PADDLE ENDURANCE SERIES and the holder of the Event full unrestricted rights to the use of your photograph, voice, and likeness in any form, including edited versions, in or over any medium including without limitation streaming audio and/or video over the internet, broadcast, cable, satellite transmissions, and media that are unknown at this time, worldwide for any purpose including without limitation any commercial purpose.
5. RELEASE AND WAIVER OF LIABILITY. YOU HEREBY WAIVE, RELEASE, COVENANT NOT TO SUE
AND FOREVER DISCHARGE UK PADDLE ENDURANCE SERIES AND ALL OTHER PERSONS ASSOCIATED WITH THE EVENT, FOR ALL LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES THAT YOU MAY HAVE AGAINST THEM ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR REGISTRATION AND/OR PARTICIPATION IN THE EVENT, INCLUDING WITHOUT LIMITATION ANY LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES CAUSED BY NEGLIGENCE OF THE ABOVE PARTIES (INCLUDING ANY NEGLIGENT RESCUE ATTEMPT), THE ACTION OR INACTION OF ANY OF THE ABOVE PARTIES, OR OTHERWISE.
UK PADDLE ENDURANCE SERIES, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, VOLUNTEERS, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF UK PADDLE ENDURANCE SERIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE UK PADDLE ENDURANCE SERIES SITES, PRODUCTS OR SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE UK PADDLE ENDURANCE SERIES SITES; (C) YOUR PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY UK PADDLE ENDURANCE SERIES; (D) PERSONAL INJURY NOT CAUSED BY UK PADDLE ENDURANCE SERIES'S GROSS NEGLIGENCE; (E) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (F) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE UK PADDLE ENDURANCE SERIES SITES; (G) ANY OTHER MATTER RELATING TO THE UK PADDLE ENDURANCD SITES, OR UK PADDLE ENDURANCE SERIES PRODUCTS OR SERVICES; OR (H) YOUR PARTICIPATION IN THE EVENT. YOU AGREE THAT UK PADDLE ENDURANCE SERIES'S MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR CAUSE
WHATSOEVER ON ANY ACCOUNT, SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES
RECEIVED BY ACTIVE FROM YOU.
6. INDEMNITY. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS UK PADDLE ENDURANCE SERIES AND ALL OTHER PERSONS ASSOCIATED WITH THE EVENT, FROM ALL DAMAGES, COSTS (INCLUDING ATTORNEYS' FEES), CLAIMS AND DEMANDS MADE BY ANY PARTY AGAINST THEM ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) YOUR PARTICIPATION IN THE EVENT, INCLUDING WITHOUT LIMITATION ANY DAMAGES, COSTS, CLAIMS AND DEMANDS CAUSED BY NEGLIGENCE OF THE ABOVE PARTIES (INCLUDING ANY NEGLIGENT RESCUE ATTEMPT), THE
ACTION OR INACTION OF ANY OF THE ABOVE PARTIES, (B) YOUR USE OF UK PADDLE ENDURANCE SERIES OR (C) ANY VIOLATION BY YOU OF ANY TERMS OF THIS AGREEMENT AND WAIVER AND/OR THE TERMS OF SERVICE
7. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF UK PADDLE ENDURANCE SERIES'S SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. UK PADDLE ENDURANCE SERIES MAKES NO WARRANTY THAT THE UK PADDLE ENDURANCE SERIES SITES' SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. UK PADDLE ENDURANCE SERIES AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY
WARRANTY OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE OR NON-
INFRINGEMENT. UK PADDLE ENDURANCE SERIES DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN, OR PROVIDED IN CONNECTION WITH, THE UK PADDLE ENDURANCE SERIES SITES. UK PADDLE ENDURANCE SERIES IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION.
8.Severability. You further expressly agree that this Agreement and Waiver is intended to be as broad and inclusive as is permitted by applicable law, and if any provision of this Agreement and Waiver is held to be unenforceable by a court of competent jurisdiction for any reason whatsoever, (a) the validity, legality, and enforceability of the remaining provisions of this Agreement and Waiver (including without limitation, all portions of any provisions containing any such unenforceable provision that are not themselves unenforceable) shall not in any way be affected or impaired thereby, and (b) to the fullest extent possible, the unenforceable provision shall be deemed modified and replaced by a provision that approximates the intent and economic effect of the unenforceable provision and the Agreement and Waiver shall be deemed amended accordingly.
BY REGISTERING FOR THE EVENT YOU ARE ACCEPTING THIS AGREEMENT AND WAIVER, YOU
ARE AFFIRMING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND WAIVER AND
FULLY UNDERSTAND ITS TERMS. YOU UNDERSTAND THAT YOU ARE GIVING UP SUBSTANTIAL
RIGHTS, INCLUDING THE RIGHT TO SUE. YOU ACKNOWLEDGE THAT YOU ARE AGREEING TO THIS
AGREEMENT AND WAIVER FREELY AND VOLUNTARILY, AND INTEND BY YOUR ACCEPTANCE TO
BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT
ALLOWED BY LAW.
UK PADDLE ENDURANCE SERIES Event Terms and Conditions
By registering for the event I agree that I participate in the event entirely at my own risk and that no responsibility whatsoever on any account shall attach to UK PADDLE ENDURANCE SERIES Trading as “UK PADDLE ENDURANCE SERIES ” any event sponsors, race directors, and any and all subsidiaries, affiliated entities, or entities that control or are controlled by UK PADDLE ENDURANCE SERIES singly or together and its and each of their officers, employees, contractors, subcontractors, volunteer helpers, agents and each of their agents, representatives, successors and assigns any person involved in the organisation of the event for any injury, accidents, loss or damage suffered by me in, or by reason of the event, however such may be caused. I am healthy and am fit enough to complete this event.
Insurance
All competitors must have third party insurance. If you are a member of British Canoeing (the UK governing body of paddle sports) you will have adequate insurance and a full UK waterways licence as part of your membership.
If you are not a British Canoeing member, we strongly recommend joining by clicking here: https://www.britishcanoeing.org.uk/membership/
Associated Risk
I am aware of the physically strenuous nature of this event, the risks both medically and physically.
I confirm I am healthy and fit (physically and medically) enough to complete this event. I accept that should any medical or physical condition arise prior to the event which is likely to affect my ability to compete will be reason to withdraw in accordance with these conditions.
“It is strongly recommended that you train for the event and prepare for the challenge. If you have not exercised before or for some time, you should consult your doctor before commencing your training for the event.”
UK PADDLE ENDURANCE SERIES
Race Director: UK PADDLE ENDURANCE SERIES. The main race rules will be published and on view at the registration desk. The full and detailed race rules can be found on our facebook event page.
The Race Directors decision will be final in all cases
Adults Race: Online Entry By submitting an application online and paying a fee for entry into this event I understand and agree to abide by the terms and conditions, the instructions given by the organiser and race officials. You will not be eligible or entitled to participate in the event until full payment of the entry fee has been received by the event organisers. No payment shall be deemed to have been received until the event organiser has received cleared funds.
Payment:
You will not be eligible or entitled to participate in the event until full payment of the entry fee has been received by the event organiser. No payment shall be deemed to have been received until the event organiser has received cleared funds.
Withdrawal Policy I agree to accept the terms of the UK PADDLE ENDURANCE SERIES withdrawal policy which is explained below. In the case of race transfers and race reschedules, the Withdrawal Policy is effective for the date of the original race entered. [Please read the Withdrawal Policy before entering the race.]
From the moment we begin to organise an event, we start to incur costs. Your entry fee is invested into the cost of staging the event – everything from barriers to toilets, from printing to safety pins, from race numbers to marketing. Organising any event requires a considerable amount of forward planning, risk and expense. Our withdrawal policy reflects this and is as follows:
Registration fees or other registration details cannot be transferred Credits will be issued after the event and as follows:
Full refund before 15th June 2018
50% refund between 16th June AND 14th July 2018
25% refund between 16th July and 14th August 2018
No refunds within one month of the event
Race entry fees are not transferable to any other person or to any other event.
I have read, understood and agree to adhere to the waiver and rules and regulations of UK PADDLE ENDURANCE SERIES
Name ____________________________________________________
Signature _________________________________________________ Date ___________________________
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