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Terms and Conditions_JordanUltra.pdf

 

Jordan Ultra Terms and Conditions and Race Rules

 

TERMS AND CONDITIONS/ RULES AND REGULATIONS

1 Introduction

These Rules and Regulations (“Rules”) also constitute the Company’s Terms and Conditions.  In particular, they govern participation in any Jordan Ultra Events.  Rules are subject to Acceptance by all parties affected by them (including Participants) and once accepted shall constitute a binding contract and agreement between the Company and such party.

 

The Company reserves the right to amend the Rules from time to time whether or not Entrants or others to whom these Rules apply are informed.    All changes, however, will only be effective when shown on the Website.  Any waiver or amendment of any of the terms of the Rules between the Company and a Participant must be in writing.

 

Words and expressions used in these Rules shall bear their commonly known meanings but for the purpose of these Rules the following terms shall, unless the context requires otherwise, have the following meanings:

 

“Acceptance” means the agreement of a person to any part of the Rules (including all agreements to be entered into pursuant to the Rules) as evidenced by (i) following advice contained on the Website, (ii) signing and delivering a hard copy document (iii) actual participation in an Event; and any part of the verb “accept” shall have a corresponding meaning;

“Agreement” “Rules” “Terms and Conditions” means the contents of these rules and regulations as amended from time to time and including all of the Schedules and attachments hereto or thereto;

“Approved Insurance Policy” a policy of insurance to be obtained by each Participant with a reputable insurance provider on terms which satisfy the minimum requirements stipulated in these Rules and as may be briefly described in Schedule 4;

“the Company” or “Jordan Ultra” means Ultra Running Events (UK) Limited, any “Subsidiary” or “Holding” company as the same are defined in the Companies Act 2006 its directors, officers, employees and agents;

“Competitor” means a person who intends to, or does actively participate in a Race;

“Deposit” means the prescribed sum payable to the Company on registration as a Participant;

“Entry Fee” means the full price payable by a Participant to the Company with respect to participation in a specific Event which amount will be posted on the Website or otherwise advised to potential Participants;

“Event”   means any event organised by the Company, the Event Organiser and/or Jordan Ultra in which a Participant registers to participate; the September JordanUltra event being as briefly described in Schedule 1;

“Event Organiser” means Ultra Running Events Limited;

“Host Country” means the sovereign state in whose territory the Event takes place:

“Image Release” means the agreement which each Participant  enters into with the Company on the terms set out in Schedule 5;

“Liability” means any loss, liability, claim, damage, cost, or disadvantage incurred or suffered, directly or indirectly, immediately or consequentially, by any party to this Agreement whether a Participant or otherwise;

“Liability Waiver” means the agreement between a Participant and the Company pursuant to which a Participant agrees to waive any and all liability for any loss or liability whatsoever as against the Company and/or its Representatives other than as required by law and as more fully set out in paragraph 9;

“Participant” or “you” means and includes a Competitor or any other third party who attends an Event either as a companion to a Competitor or in any other non-competitive capacity;

“Personal Medication” means any medication which a Participant takes, or has been advised to take, on the recommendation of a properly qualified medical practitioner;

“Race” means any Event primarily consisting of a competitive run to which the Rules apply;

“Race Rules” means those conditions that are specifically applicable to participation in a Race as set out in the Rules and/or in Schedule 3 hereto;

“Representative” means any and all directors, employees, agents or advisors of the Company and any other analogous person for whom the Company may be deemed to be directly or indirectly  connected;

“Required Equipment” means any and all equipment, devises, clothing food, drink and other items as briefly described in Schedule 2 to these Rules, as the same may be amended from time to time;

“Risks” means those physical and mental risks that a Participant should reasonably be expected to know, having made reasonable enquiry, are likely or potentially likely to be associated with participation in an event or race similar to the Event or Race in which he/she may participate and in association with the climate, terrain or other relevant factors affecting the Host Country at the time of an Event, including but not limited to those Risks which may be briefly described in Schedule 4;

“we”. “us” means the Company or the Event Organiser

“Website” means the official website of the Company at www.jordanultra.com;

 

 

2. Eligibility to Participate

 

2.1 The minimum requirements of any person to be an eligible Participant include:

 

2.1.1   being over 18 years of age;

2.1.2   having read and indicated agreement to all of the Rules;

2.1.3 being in general good health; fit and free of any medical impediment that would, or be reasonably likely to, render a Participant unfit to participate in an Event whether as a Competitor or otherwise; and

2.1.4 having fully completed the registration and payment process described below.

 

3 Registration and Payment Process

3.1 In order to register as a Participant, each eligible Participant must:

3.1.1 register your name and personal details as requested on the Website (www.jordanultra.com);

3.1.2 pay the Deposit via the online payment process on the Website;

 

3.2 To retain your eligibility as a Participant you must:

 

3.2.1 keep all your personal and contact details up-to-date via the Website .

3.2.2 ensure that you have read, understood and Accepted all of the Rules as the same may be amended from time to time and, in connection therewith, specifically  enter into and deliver to the Company the following documents:

1. A signed Acceptance of the Race Rules;

2. Liability Waiver;

3. Image Release (in the terms set out in Schedule 5 as the same may be amended from time to time);

4. Proof of personal insurance cover in a form requested by the Company and in compliance with paragraph 4.2 below;

5. ECG and Medical certificate as required pursuant to paragraph 4.3;

4. Any other agreement which the Company may from time to time determine to be a pre-condition for entry to an Event and notification of which will be posted on the Website prior to an Event.

3.2.3 strictly adhere to the Payment Schedule.

 

3.3 The Payment Schedule consists of payment by a Participant of the following:

 

3.3.1 a Deposit of 50% of the full Entry Fee on registration;

3.3.2 the balance of the Entry Fee to be received by the Company no later than 60 days prior to the start of an Event

 

Note: unless otherwise advised with respect to a specified Event, the Entry Fee will include 3 nights in a 3* hotel; all logistics and support during a Race; Prize Giving event at the end of a Race; commemorative medal and t-shirt

 

4 Other Participating Essentials

4.1 Visa and Immigration

Each Participant acknowledges and agrees that it is your responsibility to apply for and satisfy any and all visa and immigration requirements imposed by the Host Country.  For the avoidance of doubt, neither the Company nor the Event Organiser accepts any responsibility or liability (including, without limitation, for providing a refund of the entry fee for the relevant Event) if you cannot travel to the Host Country for any reason, including without limitation your failure to obtain a visa, or if you are otherwise unable to compete in the Event because of your non compliance with any passport, visa or other immigration requirements.

 

4.2 Insurance

 

Each Participant and the Company will be required to maintain for the duration of his or her stay in the Host Country suitable insurance cover as follows:

 

4.2.1 In the case of a Participant, you agree to acquire for your benefit a valid Approved Insurance Policy and keep the same in place and in full force and effect throughout the term of an Event and, as a minimum, effective throughout the time that he or she is in the Host Country in connection with an Event.   The requirements of an Approved Insurance Policy may be set out in Schedule 4but as a minimum such policy must at all times include:

Medical fees and expenses to a minimum of £1,000,000

Long term injury claim to a minimum of £5,000,000

Cost of repatriation or evacuation from the Host Country to their normal place of residence in the event of a medical emergency, death or on the advice of the Foreign and Commonwealth Office of Great Britain;

Replacement of personal property including Required Equipment;

 

4.2.2      The Company may, but is under no obligation to do so, carry insurance for the benefit of Participants to include evacuation (repatriation) in the event of medical emergency, death or politic risk but only for evacuation or repatriation from the Host Country to a member state of the European Union.  Participants should enquire and satisfy themselves prior to their departure for an Event as to what if any policies of insurance have or will be acquired by the Company and from which they may benefit.

 

 

4.3 ECG and Medical Certificate

 

Each Participant agrees to produce to the Company prior to the Event whatever proof of good health and fitness for participation in an Event as the Company may reasonably request of you and, in any event:

 

4.3.1   You will provide to the Company a copy ECG and medical certificate from a registered medical practitioner dated no earlier than 30 days prior to the Event confirming that you are in sufficiently good health to participate in physical and mental activities the same or similar to those contemplated in an Event and, as a Competitor, in a Race and, to the extent that you have, or have had in the previous 5 years, any pre-existing or current condition which condition might have, or have had, any relevant impact on your suitability you are either fully recovered and/or you have been prescribed mediation to counteract such effect; and

 

4.3.2   Your participation in an Event constitutes your representation and warranty to the Company and us that you are suitably physically and mentally fit and able to participate in an Event and that you are not aware (nor should reasonably be aware) of any existing mental or physical condition that might render you physically or mentally unfit.

 

 

5. General Medical Issues and Your Acceptance of the Risks.

 

Each and every Participant is expected to have informed themselves of the general nature of the Events and acknowledges and accepts the general conditions pertaining to attempting feats of extreme physical endurance in terrain the same or similar to that part of the Host Country in which the Event will take place and the type of training required of a person taking part in an event the same or similar to the Race.    You are not required to be a professional athlete nor possess significant technical skills but you do acknowledge and agree that we are entitled to rely on your possession of suitable outdoor survival skills, suitable mental and physical fitness and common sense.

 

5.1 More particularly:

 

5.1.1 You acknowledge and agree that you are solely responsible for obtaining and taking in accordance with your doctor’s instructions (i) any inoculations recommended or relevant to the Host Country and (ii) for any medications as referred to in 4.3.1 or otherwise;

 

5.1.2 Notwithstanding that the Company and the Event Organiser may have arranged for medical support staff  (“Medics”) to attend an Event, no such Medic shall be responsible for providing, supervising the taking of, or otherwise rendered responsible in any way with respect to the taking by a Participant of personal medication;

 

5.1.3 You acknowledge and agree that you are fully aware of the Risks, including those of serious injury or death from causes that it may or may not be possible or reasonable to identify or anticipate but including and not limited to deficiencies in or failure of equipment; fatigue; heart failure; dehydration; injury arising from incidents affecting you alone or involving other Participants, staff, third party road users or vehicles; and the effects of adverse weather conditions or other causes;

 

5.1.4 You understand and acknowledge that the type of medical facilities that you might expect elsewhere (such as in the UK and other EU states) may not be available in the Host Country, or may not be available within a convenient distance should an injury be sustained by you or others.   In addition,   you accept that even emergency evacuation may be impeded by the terrain and conditions pertaining in whatever part of the Host Country through which the Race may be run; and

 

5.1.5   You agree that it is a condition of your participation in an Event that you consent to submit to and abide by any decisions concerning your health and safety, medical care and treatment made at any time by the Medics and that both the Medics and other of the Event Organiser’s in situ personnel (“Staff”) may make emergency decisions as to your treatment by others (such as local medical practitioners or hospitals) where necessary.    Without limiting the generality of your foregoing consent, you also agree to abide by any decision the Medics or the Staff may make as to your fitness to continue your participation in a Race or whether or not you should retire on medical or fitness grounds.

 

 

6. Your Responsibilities in the Host Country.

 

The participation in a Race of a Participant is contingent upon your acceptance of the Race Rules which are designed to ensure that the competitive nature of a Race is maintained as ‘fair’ as between Competitors and without unfair advantages afforded to any single or team Participant(s). In this regard please see Schedule 3 ‘Race Rules’)

 

You also acknowledge and accept the importance to be attached to maintaining and enhancing the reputation and goodwill of the Company and the Event within the Host Country and amongst its local residents (particularly those most immediately affected by the Event).

 

Every Competitor and Participant also understands and agrees that the wellbeing and safety of any person taking part or effected by a Race must be respected, safeguarded and preserved.

 

6.1 Without prejudice to the generality of the foregoing, you and each Participant acknowledges and agrees:

 

6.1.1 that he/she (and not the Company or Staff) is responsible for his or her own general conduct and good behaviour during and outside of the Race;

 

6.1.2 to be solely responsible for informing yourself of and compliance with all applicable local laws and regulations of the Host Country;

 

6.1.3 to respect and preserve the natural environment of any part of the Host Country affected by your participation in, or attendance at an Event, including the protection of flora and fauna; the considerate and discrete disposal of litter and any organic or inorganic matter brought or created and left behind by you; and the culturally sensitive treatment of local residents.

 

6.2 In relation to each and every of the foregoing matters referred to in this paragraph 6, you agree to abide by any specific guidelines or rules from time to time promulgated by the Company, the Event Organiser or Staff whether generally or specifically in relation to a particular Event.  Failure to do so may result in your disqualification from a Race and, in extreme cases, your expulsion from an Event and required repatriation.

 

 

7. Required Equipment

 

As part of the Race Rules, each Participant must ensure that he or she is at all times equipped with the full complement of Required Equipment and that the same is of a quality, standard and quantity as is fit for the purpose for which it was designed.

 

The list of Required Equipment is set out in Schedule 2, together with some suggested sources of supply but in certain circumstances additional  mandatory items may be advised to you personally prior to an Event based on specific or unusual conditions.

 

7.1 More particularly:

 

7.1.1    You acknowledge and agree that you are solely responsible for the purchase of, delivery to the location of the Event, and maintenance of,  all of the items listed in Schedule 2as the same may (up to the time of your arrival in the Host Country) be  amended from time;

 

7.1.2 You must carry your own equipment although the Company at its discretion may provide in country transportation for heavier items of Required Equipment such as tents.

 

7.1.3 In so far as the part of the Required Equipment constitutes food or other sustenance (including energy drink mixes) it is your responsibility to ensure its durability and suitability for your participation in an Event.  In this regard you consent to submit to the decision of Medics and staff as to whether or not your food and drink supply is suitable and adequate and any resultant decision that you must withdraw from an Event on the grounds that it is not suitable or adequate.

 

7.2 The Event Organisers will supply each Participant with a daily ration of water and to Competitors a ration of water at each checkpoint.  The quantity of each ration is discretionary to the Event Organiser but is based on the general experience of Event Staff as to the usual requirements of an average adult taking part in similar activities.

 

 

8. Cancellation, Withdrawal and Refunds

 

8.1   The Company and/or the Event Organisers reserve the right in their sole discretion to cancel an Event at any time and to require the withdrawal at any time of any Participant who is in breach of this Agreement or whom the Company in its sole and absolute discretion considers not to be a fit and proper candidate to participate in an Event whether on grounds of his/ her physical capacity, health, reputation or otherwise.

 

8.2 A Participant may likewise withdraw from an Event at any time provided however that any cancellation or withdrawal by a Participant must be made in writing and will only be valid when received by the Company; and neither the Company nor the Event Organiser shall be liable to refund any of the Entry Fee paid by a Participant during the Payment Process other than as follows:

 

8.2.1   if the withdrawal is made 90 days or more prior to the relevant Event, the Company shall be obliged to give the Participant a refund of the full Entry Fee (including the Deposit) less an administration fee of £ 50;

 

8.2.2 withdrawal between 90 and 60 days prior to the relevant Event shall entitle a Participant to a refund of only that part of the Entry Fee paid in excess of the Deposit;

 

8.2.3 if a Participant withdraws at any time less than 60 days prior to the relevant Event the Company shall have no liability to refund Fees paid and he or she shall remain liable to the Company for the payment of the full  Entry Fee .

 

 

9. Limitation of Liability

 

9.1 Notwithstanding anything else contained in these Rules, to the fullest extent allowable under any applicable law or regulation, neither the Company not the Event Organiser shall incur or be held liable to you or any other party for any Liability whatsoever in contract, tort (including negligence or breach of statutory duty) or otherwise arising out of or in connection with any matter referred in this Agreement;

9.2 By registering to participate in an Event and/or attending an Event, unless explicitly agreed otherwise and in writing, you agree to fully indemnify and hold the Company harmless for and against any Liability of any nature whatsoever which you incur other than for fraud, death or personal injury caused by the gross negligence of the Company.

 

9.3 Except as otherwise required by applicable laws, the maximum liability to you by the Company or the Event Organiser for any claim in contract, tort or other cause of action arising out of or in connection with the subject matter of this Agreement (including the Event, your stay and/or any travel to or within the Host Country shall not exceed the entry fee paid by you to participate in an Event.

 

SCHEDULE 1

 

September Jordan Ultra Event

 

In the interests of all Participants and bearing in mind circumstances that may be beyond anyone’s control, the Company reserves the right in its absolute discretion to cancel an Event, modify the Event format or alter or amend any details of the Event at any time and without consultation or advice to any Participant or interested party.  The following should be read, therefore, as a guideline.

 

the Event constitutes a race covering either 360 kilometres /223 miles  in 6 days or 180 kilometres / 112 miles in 3 days.

the 6 day event starts on the 3rd September 2011 and the 3 day event starts on 6th September.

 

 

 

 

Race Itineraries:

6-day race itinerary

Day 1: Arrival in Amman, Jordan

Day 2: Race preparation and travel to start line

Day 3 – 8: The Race (September 3rd – 9th 2011)

Day 8: Transfer to hotel in Petra

Day 9: Prize giving ceremony / free day

 

3-day race itinerary:

Day 1: Arrival in Amman, Jordan

Day 2: Race preparation and travel to start line [It is possible to combine Days 1 and 2 as start line is 5 hours drive from Amman]

Day 3 – 5: The Race (September 3rd – 9th 2011)

Day 5: Transfer to hotel in Petra

Day 6: Prize giving ceremony / free day

 

 

Identification Marks

Runners must follow the course as marked by the organisers.

 

Checkpoints

There will be checkpoints every 10 kilometres. At each check point runners will be given a ration of water.

 

 

SCHEDULE 2

 

Required Equipment

 

Standard survival kit

Backpack

Sleeping bag

Torch with spare batteries

10 safety pins

Compass with 1°ree or 2°ree precision

Lighter and matches

Whistle

Knife with metal blade

Anti-Venom pump (insect poison remover)

Signalling mirror

One aluminium survival sheet

Night time running reflective gear (see Race Rules)

 

Participants may also be issued certain additional items of kit at the beginning of the Race, including a progress card (Punched at checkpoints and water distribution)

 

Note:   Most of the Required Equipment can be obtained in the on-line shop at www.jordanultra.com.

 

 

 

 

We suggest all entrants and crew read "Medical Risks in the Jordan Ultra," "Dangers of Running in the Heat," and "The Dangers of Hot Weather Running".

 

 

SCHEDULE 3

 

Race Rules

 

Race Rules together with a list of time penalties that can be imposed will be posted on the website and in this Schedule no later than 90 days prior to the first day of the Event  subject to amendment from time to time as the Company in its discretion deems fit.

 

Participants will be solely responsible for familiarising themselves with the most up to date version of the Race Rules at any given time and prior to the Event.

 

 

I.V.s (intravenous fluids) are permitted during the race. If a  Competitor receives an I.V. during theEvent , for any reason, then that Competitor will receive a 2 hour penalty.

Between 1900 to 0600 hours each day of the Event all Competitors  and all crewmembers/pacers must wear reflective material facing in all directions, as well as blinking red lights facing front and rear.

 

Competitors and other Participants are encouraged to wear reflective material during the day as well. We highly recommend the products from ZombieRunner.com (click "Nighttime Running" in their store.)

 

SCHEDULE 4

 

Risks

 

You acknowledge and agree that you are solely responsible for obtaining and taking in accordance with your doctor’s instructions (i) any inoculations recommended or relevant to the Host Country and (ii) for any medications as referred to in 4.3.1 or otherwise;

 

Notwithstanding that the Company and the Event Organiser may have arranged for medical support staff  (“Medics”) to attend an Event, no such Medic shall be responsible for providing, supervising the taking of, or otherwise rendered responsible in any way with respect to the taking by a Participant of personal medication;

 

You acknowledge and agree that you are fully aware of the Risks, including those of serious injury or death from causes that it may or may not be possible or reasonable to identify or anticipate but including and not limited to deficiencies in or failure of equipment; fatigue; heart failure; dehydration; injury arising from incidents affecting you alone or involving other Participants, staff, third party road users or vehicles; and the effects of adverse weather conditions or other causes;

 

You understand and acknowledge that the type of medical facilities that you might expect elsewhere (such as in the UK and other EU states) may not be available in the Host Country, or may not be available within a convenient distance should an injury be sustained by you or others.   In addition,   you accept that even emergency evacuation may be impeded by the terrain and conditions pertaining in whatever part of the Host Country through which the Race may be run; and

 

You agree that it is a condition of your participation in an Event that you consent to submit to and abide by any decisions concerning your health and safety, medical care and treatment made at any time by the Medics and that both the Medics and other of the Event Organiser’s in situ personnel (“Staff”) may make emergency decisions as to your treatment by others (such as local medical practitioners or hospitals) where necessary.    Without limiting the generality of your foregoing consent, you also agree to abide by any decision the Medics or the Staff may make as to your fitness to continue your participation in a Race or whether or not you should retire on medical or fitness grounds.

 

 

SCHEDULE 5

 

 

INTELLECTUAL PROPERTY AND IMAGE RELEASE.

 

1. As an integral part of your acceptance of these Terms and Conditions you irrevocably agree and consent to:

(i) your image and participation in an Event being filmed or recorded by or on behalf of the Company and exploited or broadcast in any media or format (TV, video, radio or otherwise) whether in existence now or subsequently invented;

(ii) any such film or broadcast or other exploitation being edited or altered in any way whatsoever for artistic or other purposes;

(iii) the copying, use and distribution of your name, image, appearance or words by any means and for any purpose including advertising, publicity, promotion of the Event and any and all exploitation of commercial rights in the Event.

 

2.   You agree that any of the activities described in paragraph 1 above and any other exploitation of recordings by any means and in any media relating to an Event are the exclusive property of the Company whether or not legally protected under copyright law or otherwise and may not be copied or disclosed without the explicit written consent of the Company.

 

2.  You acknowledge and agree that during any part of an Event you are permitted only to use still photography for your own personal use and not for any reproduction or distribution to any third party whatsoever.  For the avoidance of doubt and without limiting the generality, any commercial use of such photographs is strictly prohibited.

 

3. You hereby waive any moral rights you might otherwise have under copyright law or other applicable law or regulation in respect of any use, exploitation, modification, broadcast or otherwise of you name, image, appearance, words or likeness.