Harbour Fest Fatyak Races 2017
Welcome to the Fatyak Harbour Fest races! Before you get started we just need you to read and sign the Terms and Conditions before you take part.
Have a great day and good luck!
The Fatyak Team
Terms & Conditions
FATYAK RACES AT THE RNLI HARBOUR FEST 2017 TERMS AND CONDITIONS OF THE PARTICIPANT AGREEMENT
“Company” means Kingspan Environmental Ltd, company registration number: NI017631, registered in England and Wales with its registered offices located at Slade Way, Roughmoor Ind. Estate, Williton, Somerset, TA4 4TB. “Event” or the “Fatyak Races”, at the RNLI Harbour Fest 2017 or “Challenge” means the participation of one design class kayaking in a controlled environment in the open water at Minehead Seafront, on 12th + 13th August
2017. “Participant” means a person named in this agreement who is engaging in organised
activity at the Fatyak Races, at the RNLI Harbour Fest 2017 and is signatory to this agreement.
“Agreement” means this Participant Agreement and the terms and conditions referred to in relation to participation at the Fatyak Races, at the RNLI Harbour Fest 2017.
2. Entire Agreement
2.1 This agreement is subject to the enclosed terms and conditions only.
2.2 This agreement is the entire agreement between the parties and no other representations whether oral or in writing shall apply to this agreement.
2.3 Any amendments to this agreement must be in writing and signed by a director of the Company and the Participant.
3. The Participant
3.1 The Participant warrants to the Company that the personal information given pursuant to this Agreement is correct.
3.2 The Participant acknowledges that there are risks inherent in the “Event” and that the Participant may sustain losses and/or injuries from their participation therein. Pursuant to this release, the participant voluntarily agrees to assume (for themselves, their representatives, heirs, assigns, and next of kin) all such risks, foreseeable or otherwise, and hereby release Kingspan Environmental Ltd, the management and organising team including Habour Fest and the RNLI, and all persons and entities connected with the “Event”, from any liability for any and all losses whatsoever, whatever the cause, that the Participant may sustain. The Participant’s assumption to the entire risk of any and all losses to them in the “Event” is intended to apply to any and all losses no matter how the
loss (or losses) is (or are) caused. The Participant’s assumption to the entire risk of any and all losses to them in the “Event” is intended to cover any loss or losses caused by a negligent act or a negligent failure to act. The Participant releases and discharges Kingspan Environmental Ltd, the management and organising team including Habour Fest and the RNLI, and all persons and entities connected with the “Event” from any and all claims that arise as the result of loss, property damage, injury, illness or death to the Participant in the “Event”.
3.3 The Participant has read and voluntarily signed this waiver and has agreed to assume the entire risk of loss, property damage, illness, injury or death (collectively “losses”) that the Participant may sustain in conjunction with their participation in the Fatyak Races at the RNLI Harbour Fest 2017 (the “Event”). The Participant understands that their participation in the “Event” includes participation in the kayaking, in a controlled environment in the open water at Minehead Seafront on 12th + 13th August 2017.
3.4 The Participant agrees and understands that the Company reserves the right at its absolute discretion, whether
before or after the Participant’s application to participate in the “Event” to make changes to any statements made of the arrangements, services and proposals and costing which may have appeared in brochures or publicity or this agreement about the “Event”.
3.5 The Participant agrees with the Company as follows:
a) At the request of the Company the Participant will provide such further information as concerns himself/herself and his/her suitability to be a participant as may reasonably be required by the Company.
b) The Participant will give such medical information to the Company as the Company shall reasonably request and shall authorise the provision of information to the Company direct by the Participant’s medical advisers with the consent of the Participant, such consent not to be unreasonably withheld.
c) The Participant will promptly notify the Company of any reason, whether medical or otherwise, which will prevent the Participant from taking part in the “Event” or which will make it undesirable for the Participant to do so.
d) The Participant shall behave in all respects in a courteous and sporting like manner and in particular shall comply with the laws of country the event is located, shall conduct himself/herself properly and soberly, shall not at anytime during the event be in the possession of or under the influence of drugs or alcohol.
3.6 In the event that for any reason the Company does not include the Participant in the “Event” (save for any default on the part of the participant) the Participant will be entitled to such refunds as are specified in Clause 12 below.
3.7 The event qualifying age for participants is 14 years of age on the date of signing this agreement for the individual child entry, and 6 years of age on the date of signing this agreement for the child accompanied by an adult team entry.
3.8 The “Event” requires an above average level of fitness, strength and endurance and it is the Participant’s responsibility to ensure that the Participant has the appropriate level of fitness to participate in the “Event”.
3.9 The Company reserves the right in its absolute discretion at any time during the course of the “Event” to withdraw any Participant from continuing in the “Event” including without limitation for the medical or other well-being or safety of the Participant or of a team in which the Participant is a member or if the Company considers in its absolute discretion that a Participant’s performance or behavior is unacceptable and is likely to expose other
Participants to risk. In the event of a Participant being withdrawn from the “Event” under this clause the Participant
shall not be entitled to any refund of any part of the “Event” fee.
3.10 In the event that the Participant wishes to raise a complaint in relation to the “Event” or any part thereof
the Participant must do so in writing to the Company within seven days of the occurrence giving rise to the complaint.
4.1 All equipment supplied by the Company is of fit for purpose standard. All Participants must check the equipment
issued to them prior to the Challenge. Any faults must be reported pre Challenge. Due care and diligence must be taken of the equipment supplied by the Company during the Challenge. Every effort must be taken by the Participants to source any items of mandatory equipment not provided by the Company.
4.2 Participants can be excluded or
penalised for not carrying or wearing mandatory items.
4.3 Participants are deemed to have accepted the condition of the equipment on completion of the registration checks and participants signature of approval.
4.4 Participants will continue to perform equipment checks during the Challenge and raise issues with event staff should an item of equipment be deemed not fit for purpose.
5. The Company
5.1 The Company will endeavor to keep the Participants fully informed on the day (Participant briefing) with the progress of arrangements relating to the “Event”.
5.2 The Company has the right to terminate the Agreement if at any time the Participant fails to co-operate with the Company upon the furnishing of mandatory information as set out in this Agreement.
5.3 The Company has the right to terminate the Agreement if, after considering the information supplied by the Participant the Company at its sole discretion decides that the Participant is not suitable to participate in the event. In such circumstances the Participant will be entitled to such refunds as are specified in Clause 12 below.
6. Copyright etc.
6.1 The Participant grants the Company and the management and organising committee permission to take photographs of the Participant during the event. The Participant grants the Company, the management and organising committee and all event partners the right to use the photographs taken of the Participant during the Event, for all general purposes in relation to the Event including, without limitation, the right to use them in any publicity materials, books, newspapers and magazine articles within an undefined time period.
6.2 The Participant shall not, except with the prior written consent of the Company, whether voluntary for reward or otherwise, publish or provide any photographs, video or other documentary record to national or international publishers or media outlets without first gaining approval from the Company. Nor shall the Participant assist in any manner any person, firm or corporation other than the Company in the publication of any article, story, book or other feature about either the “Event” or the participation in it of any other Participant PROVIDED ALWAYS THAT (without prejudice to the foregoing) this clause shall not operate in any way to prevent the Participant from making such records, visual, written or otherwise, as the Participant might wish for his/her own personal participation in the “Event”.
6.2 Any film, photographs or video film taken with photographic or video equipment and/or film supplied by or through the Company is and shall remain the property of the Company and shall be returned to it to be used for publicity and other purposes with no rights retained by the Participant although copies at the Participant’s cost will be provided upon request for the Participant’s own use.
7. Sponsorship & Fundraising
7.1 The Company has the right to veto any proposed sponsor of the Participant. If this results in the Participant withdrawing from the “Event” the Participant shall be entitled to such refunds as specified in Clause 12 below.
7.2 The official charity of the Event is the RNLI and all Participants are kindly asked to raise funds to support the work carried out by RNLI, the charity that saves lives at sea.
8.1 It is the responsibility of the Participant to ensure that they have the required personal insurances relevant to their involvement in the event including cover for any pre-existing medical conditions which the Participant suffers from or should reasonably be aware that he/she suffers from which are specifically excluded under the terms of the standard event insurance policy.
8.2 The Company will have in place all appropriate Event related insurances (deemed expected and necessary for an event management Company). A copy of the Event insurance certificates shall be made available to the Participant upon request.
8.3 The Participant should seek advice as to whether to obtain insurance covering cancellation.
9.1 Any notice or information (including notice required from the Participant relating to the Participant’s wish to withdraw from the “Event”) required to be given under this Agreement shall be served or given by either party on or to the other party by sending the same by hand, pre-paid post or e-mailed to the address of the recipient set out in this Agreement or other such address as the recipient shall notify to the other party from time to time. Such notice shall be deemed served if by hand when delivered, if by post, seven working days after posting and if by e-mail, when dispatched.
10. Termination by the Company
10.1 Notwithstanding the foregoing the Company expressly reserves the right at any time to alter or reduce the length of the Challenge including the starting and finishing point and including the period of time during which the “Event” may be underway.
10.2 The decision relating to the cancellation, alteration or curtailment shall be in the absolute discretion of the Company and in no circumstances shall the Participant have any claim apart from that specified under clause 12 arising from such cancellation or curtailment.
10.3 Subject to the above the there shall be no claim whatsoever by the Participant in respect of any such action by
the Company under this clause for any loss whatsoever for consequential losses or expenses incurred in any other way whatsoever.
11. Cancellation by the Participant
11.1 If following the Company accepting the Participant for a Challenge place the Participant withdraws from the
“Event” then the deposit paid will be non refundable.
11.2 If the Participant fails to make payments in line with the terms set out by the Company, then the Participant will forfeit their place on the Challenge and no refund will be due.
11.3 For the avoidance of doubt cancellation by the Participant means cancellation for any reason whatsoever.
12. Cancellation by the Company
12.1 If in the reasonable opinion of the Company, circumstances have arisen which constitute an unacceptable risk to the Company or the Participant. 12.2 The Company may cancel the
“Event” if otherwise in the reasonable opinion of the Company circumstances have arisen which renders the “Event” too dangerous or expensive to deliver.
12.3 The consequences and effect of cancellation by the Company are as follows: a) The Company will be under no further obligation to the Participant and (save as hereinbefore provided) the Participant shall be under no further obligation to the Company, save for their respective accrued rights at the time of termination.
13. Force Majeure
13.1 In the eventuality of the “Event” failing to start, or having started,
being abandoned at any time by reason of force majeure which shall include (but not by
way of limitation) outbreak of war, hostilities, civil commotion, riot, riotous assembly, storm , hurricane, tempest and other acts of God and other supervening impossibilities not capable of avoidance by the Company, the Agreement shall be said to have been nullified and the Company shall not be required to refund any monies paid by the Participant and received under the Agreement.
14. Contract(Rights of Third Parties Act)1999 (the Act)
14.1 The provisions of the Act shall be excluded from the operation and effect of this agreement.
15. Proper Law and Jurisdiction
15.1 The law of England and Wales applies to this contract and the parties hereby submit to the exclusive jurisdiction of the England and Wales Courts