CPT Cycling Wales training camp waiver 2021
This agreement is made between:
(1) CPT Cycling (“the Event Organiser”); and
(2) The individual whose name, address and contact details are specified in the individual’s application for this event (referred to as “the Rider”)
(A) The words and phrases defined in clause 1.1 below shall have the same meanings in these Recitals.
(B) The Event Organiser owns and controls all rights in and to the Event, and intends to stage and manage the Event.
(C) The Rider wishes to enter and participate in the Event.
(D) The Event Organiser has agreed to accept the Rider’s participation in the Event conditional upon the Rider entering into this Agreement and participating in the Event upon and subject to the terms and conditions of this Agreement (the “Terms of Entry”) and the Event Rules.
1.1 The following terms shall have the meaning set out below, unless the context otherwise requires:
1.1.1 “Commercial Partners” means any third party with whom a contract is lawfully concluded for the exploitation of the Commercial Rights;
1.1.2 “Designated Starting Point” means the venue which the Event Organiser decides upon, and notify the Riders of, and is the place from which the Event shall commence;
1.1.4 “Designated Finishing Point” means the destination at which the Event is designated to finish;
1.1.5 “Effective Date” means the date of signature of this Agreement or the date thirty (30) days prior to the first day of the Event, whichever the earlier;
1.1.6 “Entry Fee” means the amount of £549.95.
1.1.7 “Event” means the CPT Cycling training camp in Cardiff, Wales, United Kingdom from 20th to 25th May 2021;
1.1.8 “Event Director/s” means the person/s appointed by the Event Organiser as being responsible for the overall administration and management of the Event;
1.1.9 “Event Manual” means the manual set out in Schedule 1;
1.1.10 “Event Marks” means the event titles, words and logo(s) which are owned or controlled by the Event Organiser.
1.1.11 “Event Rules” means the rules in respect of the Event as contained in the Event Manual and/or as notified by the Event Organiser to the Rider;
1.1.12 “Event Schedule” means the schedule of activities and events relating to and/or comprising the Event as set out in Schedule 2;
1.1.13 “Intellectual Property Rights” shall mean all present and future right, title and interest in any trademarks, service marks, registered designs, utility models, design rights, copyright (including copyright in computer software, film, sound and photographs), database rights (including in relation to technical data and results), trade secrets and other confidential information, know-how, business or trade names (including internet domain names and e-mail address names) and all other intellectual and industrial property and rights of a similar or corresponding nature, whether registered or not or capable of registration or not and including the right to apply for and all applications for any of the foregoing rights and the right to sue for infringements of any of the foregoing rights.
1.1.14 “New Media” shall mean broadcasts via cellular mobile telecommunications systems on cellular telecommunications devices and/or the World Wide Web, as such technology is modified, developed or replaced from time to time;
1.1.15 “Officials” means the Event Organiser and other persons nominated by them;
1.1.16 “Payment Method” means payment via a merchant account system or via such other method as the Event Organiser may stipulate;
1.1.17 “Relevant Law” means all legislation, codes of practice, standards, guidelines and regulations (in each case having the force of law) together with all applicable regulations and rules (including the Event Rules) applicable to the Event and otherwise to the subject matter (whether obligations, goods or services) in question;
1.2 Unless the context otherwise requires words denoting the singular shall include the plural and vice versa and words denoting any one gender shall include all genders and words denoting persons shall include bodies corporate, unincorporated associations and partnerships.
1.3 References in this Agreement to clauses and schedules are to clauses and schedules to this Agreement.
1.4 References to any statute shall include references to such statute as it may after the date of this Agreement from time to time be amended, supplemented or re-enacted.
1.5 The headings in this Agreement are inserted for convenience only and shall not affect its construction.
1.6 The word “including” is not to be treated as a word of limitation.
2. Entry and participation
2.1 The Rider hereby agrees to enter and participate in the Event upon and subject to the Terms of Entry and the Event Rules.
2.2 For the avoidance of doubt, the Rider shall observe and abide in every respect by the Terms of Entry and the Event Rules and any decision of the Event Organiser (including any decision to prevent the Rider’s further participation in the Event.) Such decisions shall be binding on the Rider, who acknowledges that they shall not have the power to revoke or alter any such decisions.
3.1 The Event shall be named the CPT Wales Training Camp or such other name as the Event Organiser shall notify to the Rider.
3.2 The Rider shall use their best endeavours to refer to the Event with the title in clause 3.1 above at all times and in particular during any performance of the obligations set out in clause 5.1.
4. Obligations of the Event Organiser
4.1 The Event Organiser represents, warrants and undertakes:
4.1.1 that they have and will continue to have full right and title and authority to enter into this Agreement and to accept and perform the obligations imposed on them under this Agreement;
4.1.2 to use all reasonable endeavours to organise, manage and run the Event;
4.1.3 without prejudice to clause 4.1.2, to use all reasonable endeavours to organise the Event Schedule and provide a copy of the Event Schedule to the Rider on or before the commencement of the Event. The Event Organiser will also notify the Rider as soon as practicable of any updates or amendments to the Event Schedule;
4.1.4 that, subject to clause 6, they shall grant the Rider a non-exclusive royalty-free licence to use the Event Marks solely in connection with promoting the Rider as an entrant of the Event to prospective sponsors and for the duration the Event;
4.1.5 that they own or control the Event Marks and shall take all measures they consider reasonable to protect their rights in the Event Marks from infringement by any third party; and
4.1.6 that they have in force an insurance policy sufficient to provide cover as required by law or in respect of any foreseeable liability which may arise in connection with this agreement including public liability cover of not less than £5,000,000 (five million pounds) per claim or series of related claims per year. The Event Organiser shall, at its own expense, maintain such policy in force for the term of this agreement and seven years thereafter, and shall provide a certificate of insurance from its insurers of such policy to the Rider as reasonably requested by the Rider.
5. Obligations of the Rider
5.1 The Rider hereby represents, warrants and undertakes that (at their sole expense where relevant and unless otherwise specified):
5.1.1 they have, and will continue to have, full right and title and authority to enter into this Agreement and to accept and perform the obligations imposed on them hereunder;
5.1.2 they are or will be 18 years of age or older as at the Effective Date;
5.1.3 all statements made in the Rider’s application form or otherwise are true and accurate, including statements relating to the prior cycling experience of the Rider. The Rider acknowledges and accepts that the Events Organiser has relied upon these statements in allocating the Rider a place in the Event;
5.1.4 they are in good health and know of no reason, physical or mental, why they could be unable to participate in the Event and engage in the activities comprised therein or would otherwise be advised by a competent medical professional not to engage in the Event;
5.1.5 they shall be present at the Designated Starting Point ready to commence participation in the Event on 20th May 2021;
5.1.6 they shall observe and comply with, in addition to the Terms of Entry and the Event Rules, all Relevant Laws and any other directions, codes of practice or guidelines imposed by national law or any competent authority applicable to the Event;
5.1.7 they shall promptly observe and comply with all reasonable instructions, directions or regulations issued by or on behalf of the Events Organiser including those relating to the organisation, staging, safety and image of the Event;
5.1.8 they understand the necessity to take out all relevant insurance at their sole expense in order to participate in the Event and that they will be solely responsible for obtaining and maintaining the currency of all and any such insurance which may be necessary to cover all relevant risks of their participation in the Event;
5.1.9 they are solely responsible for ensuring both the fitness for purpose of the bicycle, helmet, clothing and other equipment provided by the Rider for the duration of the Event;
5.1.10 It is the Rider’s responsibility to make their own way to the start point of the event and people using any car parking offered do so at their own risk and the event organiser cannot accept any liability for any loss or damage incurred to vehicles or cycles;
5.1.11 they shall ensure that they do not make any defamatory or derogatory statements or take part in any activities which are or might be derogatory or detrimental to the reputation, image or goodwill of the Event Organiser, the Event or any Commercial Partner; and
5.1.12 they acknowledge the importance of co-operating with the media to obtain maximum coverage and exposure for the benefit of the Event and agree to co-operate with all reasonable requests of such nature by the Event Organiser and/or any broadcaster or other Commercial Partner of the Event.
6. Intellectual Property
6.1 In consideration of the acceptance of the Rider’s entry to participate in the Event, the Rider hereby acknowledges and agrees that all Intellectual Property Rights arising from and in relation to the Event including its name, logo type, format and films and photographs of the Event shall be exclusively vested in the Event Organiser.
6.2 The Rider further acknowledges and agrees that they shall not obtain any right in the Intellectual Property Rights arising from or in relation to the Event by virtue of its entry or otherwise, and they will do nothing to damage the Event Organiser’s rights set out in clause 6.1.
7.1 The Event Organiser shall have the right at any time to terminate this Agreement immediately by giving written notice to the Rider in the event that the Rider:
7.1.1 has committed a material breach of any obligation under this Agreement which breach is incapable of remedy or cannot be remedied in time for the Event;
7.1.2 has committed a material breach of any of their obligations under this Agreement and has not remedied such breach (if the same is capable of remedy) within seven (7) days of being required by written notice so to do;
7.1.3 enters into any arrangement with their creditors and/or suffers any event of bankruptcy, save in circumstances which are approved by the Event Organiser.
7.2 The Event Organiser shall have the right to terminate this Agreement by providing fourteen (14) days’ notice in writing to the Rider in the event that it no longer wishes, or is no longer able, to run the Event.
7.3 Without prejudice to any rights which the Event Organiser may have whether pursuant to this Agreement or otherwise, if the Rider defaults on or is in breach of any of their obligations hereunder and fails to remedy such default or such breach forthwith upon notice from the Event Organiser stipulating the same, the Event Organiser may intervene (at the sole cost of the Rider, who shall indemnify the Event Organiser from any liability in respect of such costs) in the carrying out of any obligation of the Rider to ensure its proper and timely performance.
8. Force majeure
8.1 A party (the “Affected Party”) shall not be held liable or deemed to be in default under this Agreement for any failure to perform its obligations if such failure results directly or indirectly from circumstances beyond the Affected Party’s reasonable control (“Force Majeure”). Force Majeure includes but is not limited to strikes, lock-outs, civil warfare, flood or fire damage, environmental calamity, inclement weather, acts of God, legal enactment, governmental order, regulatory enactments and/or orders, imposition of sanctions by a country against the territory where any part of the Event is to held that adversely affects the staging of the Event, any action taken by a governmental or public authority of any kind (including not granting a consent, exemption, approval or clearance), epidemic and disease, civil strife, terrorism (threatened or actual), and war. Subject to clause 8.2, the Affected Party must continue to perform its other obligations to the extent that they are not affected by the Force Majeure and must use all reasonable endeavours to overcome or remove the Force Majeure as quickly as possible.
8.2 If any event of Force Majeure delays or prevents the performance of the obligations of either party for a continuous period of fourteen (14) days, the party not so affected shall then be entitled to give notice to the Affected Party to terminate this Agreement with immediate effect without penalty. Such a termination notice shall be irrevocable except with the consent of both parties.
9. Acknowledgement of Risk and Limitation of Liability
9.1 The Rider recognises and acknowledges that participating in the Event is a potentially dangerous activity. Additionally, the Rider is fully aware and acknowledges that cycling and accordingly participation in the Event involves serious risk of harm, including, but not limited to, risks of accident, serious bodily injury, including death, broken bones, head injuries, trauma, pain, fatigue, dehydration and suffering and property damage. The Rider additionally acknowledges and accepts full responsibility for checking and maintaining all equipment in their possession for the duration of the Event to ensure its safe use (including by way of example, wheels, brakes, tyres and cycle helmet).
9.2 In recognition of these facts, and for the consideration set out in this Agreement, the Rider elects voluntarily to enter into this Agreement and assume all risks of loss, damages, injury or death that may be sustained, and the Rider will participate in the Event in accordance with this Agreement entirely at their own risk.
9.3 Save in the event of any negligent or wilful act or omission on the part of the person or entity concerned, the Event Organiser, any Official or any of their respective officers, agents or employees, shall not be liable to any Rider for death or personal injury, damage to property or other loss or damage of any nature whatsoever suffered by the Rider whether arising from participation in the Event or otherwise.
9.5 Under no circumstances shall the Event Organiser be liable for any actual or alleged indirect loss or consequential loss howsoever arising suffered by the Rider including, but not limited to, loss of profits, anticipated profits, savings, business or opportunity or loss of publicity or loss of reputation or opportunity to enhance reputation or any other sort of economic loss.
9.6 Except where expressly provided in this Agreement, the Event Organiser’s total aggregate liability in contract, tort (including negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement or any collateral contract shall in respect of any cause of action related to the provision of the services under this Agreement, be limited to the amount of £5,000,000 (five million pounds).
9.7 Except where expressly provided in this Agreement, the Rider undertakes to the Event Organiser to be liable for any death or personal injury to third parties, damage to property or any other claims, losses, costs (including, without limitation, all reasonable legal costs) or demands arising out of any negligent or wilful act or omission of the Rider during the Event, whether arising from participation in the Event or otherwise.
9.8 The Rider undertakes and agrees that they will irrevocably indemnify and hold the Event Organiser harmless from and against all costs and expenses (including reasonable legal costs), actions, proceedings, claims, demands and damage arising from a breach of the Rider’s representations, warranties or undertakings contained herein or arising from the acts or omissions of the Rider, respective officers, employers, agents or sub-contractors.
9.9 The Rider shall take out death, accident and health insurance for himself. A copy of such insurance policies shall be provided to the Event Organiser at any time upon request.
10. Power to make rules and other provisions
10.1 The parties recognise that given the nature of the Event, issues may arise in relation to the Event that were not foreseen and therefore are not specifically addressed in the Terms of Entry or the Event Rules or that would have an unintended result if made subject to the Terms of Entry and the Event Rules without modification. The parties further recognise that it is in the best interests of the Event, and of all the participants in the Event, that such issues be addressed as quickly and effectively as possible.
10.2 In consequence of the recognitions set out in clause 10.1, the Rider agrees that the Event Organiser shall have the right, exercisable unilaterally from time to time before and/or during the Event:
10.2.1 to supplement or amend the Terms of Entry and/or the Event Rules (and, if applicable, the Event Schedule);
10.2.2 to resolve any queries that arise in relation to the proper interpretation and application of the Terms of Entry and/or the Event Rules; and
10.2.3 to issue directions as to the conduct of the Event, including the conduct of Riders and the contents of the Event Manual.
10.3 During the Event itself, the Event Organiser may delegate the right conferred by clause 10.1 above to one or more designees including any Official or any other person appointed by the Event Organiser.
10.4 The Rider agrees that any amended and supplemental Terms of Entry or Event Rules and any directions made pursuant to this clause 10 shall become binding upon the Rider immediately upon communication to them and shall be deemed to be included in the Terms of Entry or the Event Rules (as applicable) for the purposes of this Agreement.
10.5 Decisions made pursuant to this clause to amend or supplement the Terms of Entry or Event Rules or to issue directions shall be final. Any such decisions or directions shall be posted on the CPT Cycling website (www.cptcycling.co.uk) and communicated to the Rider via email. In the event that the Event Organiser makes a decision/provides a direction under this clause whilst the Event is in progress, it shall use all reasonable endeavours to communicate this to the Rider as soon as practicable following the issue of the decision/direction. No challenge shall be made by the Rider to any such decision.
11. Dispute resolution
11.1 All disputes, issues or complaints regarding the Rider’s participation in the Event shall be referred to the Event Organiser for determination as soon as practicable thereafter. For the avoidance of doubt, all determination, decisions and directives of the Event Organiser shall be final.
11.2 Without prejudice to the generality of the Event Organiser’s powers under clause 11.1, the Event Organiser shall be entitled to impose any or all of the following:
11.2.1 suspension or expulsion from the Event (including, for the avoidance of doubt, in the event that the Rider’s riding ability does not, in the reasonable opinion of the Event Organiser, reflect that stated in their application),
11.2.2 adjudication on whether there has been a breach of the Terms of Entry or the Event Rules or upon whether an event constitutes an event of Force Majeure for the purposes of clause 8.1.
12. Announcements and confidentiality
The Rider will not make or permit to be made any public announcement(s) in relation to this Agreement without the prior consent of the Event Organiser nor (save as required by law) disclose to any third party an information concerning the terms or subject matter of this Agreement from the date hereof.
13. Points of contact
13.1 The principal point of contact for each party (unless the other party is notified otherwise in writing) shall be as follows:
The Event Organiser: Email: firstname.lastname@example.org
The Rider: see details of individual as set out in the Rider section of the execution page
13.2 The Rider acknowledges and agrees that they are not entitled to rely on any representation, authorisation or decision of the Event Organiser unless made by the principal point of contact (or their designated replacement) set out at clause 13.1 above.
14.1 The parties agree that all notices under this Agreement shall, unless otherwise notified, be served on the following addresses:
For the Event Organiser: marked for the attention of Richard Rollinson of 110a Galsworthy Drive, Caversham, Reading, Berkshire RG4 6QJ, United Kingdom.
For the Rider: see details of individual as set out in the Rider section of the execution page.
14.2 All notices shall be in writing and may be delivered personally, by email or by first class pre-paid post and shall be deemed to be properly given or served:
14.2.1 two working days after being sent to the intended recipient by pre-paid post addressed as aforesaid or, if sent by international airmail, five working days after being sent to the intended recipient; or
14.2.2 if sent by email, on receipt of confirmation of successful transmission or if not a working day the first working day thereafter.
In the event that the Rider determines in advance of the Event that, for whatever reason they no longer wish or are no longer able to participate in the Event, they will not be entitled to a refund in respect of the Entry Fee they have already paid.
16.1 The granting by the Event Organiser of any time or indulgence in respect of any breach of any term of this Agreement by the Rider shall not be deemed a waiver of such breach and the waiver by the Event Organiser of any breach of any term of this Agreement by the Rider shall not prevent the subsequent enforcement of that term nor be deemed a waiver of any breach by the Event Organiser.
16.2 This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof, and shall supersede any prior agreements, representations or understanding between the parties, whether written or oral.
16.3 This Agreement may be executed in any number of counterparts, each of which when executed shall constitute an original, but all of which when taken together shall constitute one and the same Agreement.
16.4 All rights, remedies and powers conferred upon the parties are cumulative and shall not be deemed to be exclusive of any other rights, remedies or powers now or subsequently conferred upon them by law or otherwise.
16.5 Should any term of this Agreement be considered void or voidable under any such applicable law, then such terms shall be served or amended in such a manner as to render the remainder of this Agreement valid or enforceable.
16.6 This Agreement may only be modified or any provision waived if such modification or waiver is in writing and signed by a duly authorised representative of each party.
16.7 In respect of any date or period mentioned in any clause of this Agreement time shall be of the essence.
16.8 A person who is not a party to this Agreement shall not have any rights or remedies pursuant to it.
16.9 Nothing in this Agreement shall be deemed to constitute a joint venture, partnership or relationship of agency or employment between the parties.
16.10 The Rider shall not be permitted to assign any of its rights or obligations under this Agreement without the prior written consent of the Event Organiser.
17. Governing law and Jurisdiction
17.1 This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
17.2 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
Schedule 1 - Event Manual
For the avoidance of doubt, any defined words contained in this Event Manual shall have the same meaning and interpretation as set out in the Rider Entry Agreement; and The Event Manual (including the Event Rules) will be amended and updated from time to time and it is the right of the Event Organiser to do this. All amendments and updates will be displayed on the CPT Cycling website at www.cptcycling.co.uk and it shall be the responsibility of Rider to regularly check such website in order to inform themselves of any relevant amendments and updates.
Schedule 2 - Event Schedule
20th - 25th May 2021
Thursday: Newport loop ; 44km with 294m of elevation gain.
Friday: Usk loop; 93km with 508m of elevation gain.
Saturday: Tumble; 122km with 1450m of elevation gain.
Sunday: Bridgend loop. 82km with 443m of elevation gain.
Monday: Rhigos. 100km with 594m of elevation gain.
Tuesday: Barry loop; 46km with 341m of elevation gain.
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