TERMS AND CONDITIONS OF THE DUCHENNE DASH: AROUND THE WORLD
This agreement (which incorporates these Terms and Conditions, the Duchenne Dash: Around the World Rider Registration Form and the Duchenne Dash: Around the World Medical Questionnaire) is made between:
(1) Duchenne UK ('DUK') a registered charity (charity number 1147094), whose Registered Office is located at 11 Bedford Road, London, W4 1JD
and
(2) You as an individual fundraiser because you wish to participate in and raise funds for DUK in connection with the Duchenne Dash: Around the World fundraising event organised by DUK (the 'Event').
By accepting these terms and conditions in the Duchenne Dash: Around the World Rider Registration Form, you undertake and confirm as follows:
- That you are over 18 years old and that DUK may request evidence of age and may, their sole discretion, refuse participation in the Event if such evidence is not provided.
- That you will raise as much sponsorship money as reasonably possible and will use your best efforts to raise at least £2,000.00 in sponsorship and donations for DUK as an individual.
- That you will pay to DUK an up-front non-refundable registration fee of £178.50 (this total includes a £3.50 booking and credit card handling fee, which is imposed by the banks and payment acquirer - neither of these charges will be received by DUK and are non-refundable). You understand and agree that this registration fee is non-refundable (including, but not limited to, in the case of withdrawal, alteration or cancellation of the Event except to the extent described in the paragraph below, or if you decide to withdraw your consent to our processing your personal information (as detailed on the medical form). The reason for this is that the registration fee is to cover the costs incurred by DUK associated with your participation in the Event and if you withdraw from the Event or the Event is altered or cancelled, DUK will not be able to recover all of its committed and other costs from its suppliers.
- Event cancellation due to Covid-19: We reserve the right to cancel: (a) the Event (in whole or in part); or (b) your participation in the Event due to, or as a result of, any restrictions and/or guidance imposed by relevant authorities (such as the UK Government, devolved governments, and/or local government authorities) or applicable laws relating to the Covid-19 pandemic (the 'Restrictions'). We may, for example and without limitation, cancel the Event and/or your participation in the Event if, in our sole opinion, the Event and/or your participation in the Event is unlawful, unsafe, or undesirable in view of the Restrictions. If the Event is cancelled for any of the reasons described in this paragraph then DUK will reimburse the registration fee to you as soon as is reasonably possible. For the avoidance of doubt, should you contract Covid-19 or need to self-isolate due to Covid-19 and, as a result, cannot participate in the Event, DUK shall not be obliged to refund registration fee to you.
- That you will complete and submit the Rider Registration and Medical Forms upon payment, or no later than 1st June 2021.
- That you understand that should you be obliged to withdraw through illness or through another unforeseen circumstance it may, be possible, with the agreement of DUK (which shall be at its sole discretion), for another person to step into your place. In these circumstances, provided that the person stepping in to your place pays the applicable registration fee, your registration fee will be refunded to you and the organisers agree to use reasonable efforts to assist with this administrative change.
- That you understand that DUK reserves the right to alter the itinerary and/or cancel the Event should climatic or any other unforeseen circumstances render this necessary.
- That you are fit enough to cover the distance of the ride and have accurately completed the Duchenne Dash: Around the World Medical Questionnaire provided as part of this agreement.
- That you understand that DUK reserves the right to refuse participation on medical grounds if DUK believes your safety and/or that of any other participant or person may be compromised.
- That if you are over 75 years old, or have any sort of medical condition, which could be adversely affected by exercise (particularly a heart condition), you will obtain a medical certificate from your doctor prior to the departure date certifying that you are medically fit enough to participate in the Event without comprising your own or any other participant's safety. DUK may request evidence of such certificate and may, at their sole discretion, refuse your participation in the Event if such evidence is not provided.
- That to the best of your knowledge your general state of health is good and that you will inform DUK of any change in your medical condition that occurs between submitting the Duchenne Dash: Around the World Medical Questionnaire on this form and the departure date of the event.
- You consent to receive medical treatment, which may be deemed advisable in the event of injury, accident and or illness during this Event.
- You acknowledge that the costs related to any injuries incurred throughout the Event are the responsibility of the individual participant, to the extent that they are not covered by the insurance procured by DUK.
- You understand that DUK holds public liability and event insurance for this Event, details of these insurance policies are available on request.
- You understand that insurance for bikes and personal equipment is not covered by the insurance procured by DUK and is the responsibility of the individual participant.
- You understand that at this Event or related activities, you may be photographed and/or filmed. You agree to grant DUK, the event holders, producers, sponsors and organisers permission to store and use any photo, video or film featuring yourself throughout the world in all and any media including in printed publications, presentations, promotional materials, photography exhibitions, or on the relevant party's website.
- That you are fully responsible for your actions whilst participating in the Event and acknowledge and agree that DUK does not accept responsibility for your actions nor the consequences of such actions.
- You understand that drop handle road bikes are the only bikes permitted for entry into this Event and all participants must wear cycle helmets at all times while cycling.
- You understand that you assume responsibility for the mechanical soundness of my bicycle and its parts, including but not limited to tires, gears, chain and bolts. You have examined or will examine the bicycle and certify that it is properly assembled and fit to ride.
- You understand that DUK reserves the right to refuse participation in the Event for anyone with inappropriate equipment or clothing.
- You understand that your email address will added to the Duchenne Dash: Around the World Riders database and you will be sent information relating to the Ducehenne Dash: Around the World.
- That you will follow the advice, direction and instruction of the event organisers, event volunteers and motor circuit marshals to ensure a safe and successful event. Anyone not adhering to applicable rules and conditions laid out by the venue or the organiser may be removed from the Event, at the sole discretion of DUK.
- You understand that if you select one of the contact options in respect of DUK contacting you with details of its fundraising methods, your details will become part of DUK supporter's database and that you may be sent materials by the method indicated relating to information and other fundraising activities in the future.
- You understand that you can contact DUK on the email address: duchenne@duchenneuk.org at any time should I wish to be removed from such database and DUK will remove me accordingly.
- You have given DUK certain information, including medical information, about yourself and consent to DUK using such information in relation to the Event. You understand and agree that all personal information, including medical information provided on this form shall be treated in accordance with the DUK Privacy Policy, which is available on the DUK website: https://www.duchenneuk.org/privacy-policy
- This agreement shall be governed by English law and subject to the exclusive jurisdiction of the English courts.
LIMITATION OF LIABILITY
DUK does not limit or exclude its liability to a greater extent than is permitted by applicable laws for (i) death or personal injury caused by its negligence; (ii) any fraud or fraudulent misrepresentation by DUK; or (iii) anything else which cannot be excluded or limited by applicable law. Subject to the preceding sentence, DUK is a charity and is conducting this Event in its capacity as a charity and as part of its fundraising efforts and therefore shall not be liable to you for any claims for any of the following: (i) loss or damage to property; (ii) personal injury or death (except where caused by DUK's negligence); (iii) loss of profit or revenue (such as earnings); or (iii) indirect or consequential losses arising under or in connection with this agreement or the Event.