Garmin RIDE OUT Event
20 August 2023
Please read these Terms carefully before you sign up to the GARMIN RIDE OUT 2024 (the 'Event'). Your participation in the Event is conditional on your compliance with and acceptance of these Terms. If you do not agree with these Terms, please do not register for the Event.
In consideration of the opportunity to participate in the GARMIN RIDE OUT 2024 (the “Event”), I, for myself, my personal representatives, assigns and heirs, acknowledge and agree that:
Participation in the Event
- To take part in the Event you must be aged 16 years or older on the day of the Event. If you are under 18 years of age ('Junior'), you must be accompanied by an adult (an 'Adult') at all times during the Event. An Adult must be registered to participate in the Event alongside a Junior and the Adult shall take responsibility for the Junior during the Event.
- The Event is physically strenuous. Participants are taking part in the Event at their own risk and participants must take responsibility for your health and fitness. Participants must be satisfied there is nothing in your medical condition which could mean that there is danger in taking part. We advise all participants to have a medical check-up before participating in the Event and to follow any advice that may be given as a result of such medical check-up. You acknowledge that any withdrawal on medical grounds will not entitle you to a refund of your Entry Fee. Action shall not be under any obligation whatsoever to process, analyse or otherwise take any action on any medical information disclosed to it either during or after the registration process for an Event.
- You must wear a cycling helmet at all times when participating in the Event.
- Before participating in the Event you must ensure that your bike complies in all respects with all relevant and applicable legislation, is in a roadworthy condition and that you have all other correct equipment, taking into account the weather conditions on the day of the Event.
- You are not permitted to wear headphones or other listening devices when participating in the Event.
- It is your responsibility to obtain any necessary personal insurance in connection with your participation in the Event. Action does not provide any insurance, whether life or medical or liability, for any illness, accident, injury, death, loss or damage that may arise in connection with the attendance at and/or participation in the Event. Any accident or injury caused by your actions shall be your responsibility.
- You will comply with the rules of the Highway Code and any rules, regulations or other instructions as provided by Action on the Website and/or as may be imposed from time to time and made available to you.
- No illegal substances, performance enhancing substances or intoxicants of any kind are permitted to be brought to the Event or used either before or during participation in the Event. Action reserve the right to refuse attendance at, or participation in, the Event by anyone found to have consumed or to have in their possession any illegal substances, performance enhancing substances or intoxicants of any kind.
- Final information about the Event will be emailed to you via the email address you used to register for the Event, approximately one week before the date of the Event.
- On arrival at the Event you will be required to register at the registration tent, in order to receive your Event number and timing chip, before you can take part in the Event.
- You are responsible for all of your possessions and equipment when taking part in the Event. We have no liability for any lost or misplaced possessions or equipment at the Event. We would strongly recommend that any possessions or equipment are not left unattended at the Event without the use of appropriate theft prevention methods.
- When participating in the Event you are expected to comply with any applicable laws and to conduct yourself in a respectful, courteous manner to all other participants, and any Event volunteers, marshals and/or members of Action staff.
- In relation to your participation in the Event and any fundraising you undertake in connection to the Event, you shall at all times uphold Action's reputation, the reputation of the Event, and shall not commit any acts in any manner that has a materially adverse effect on Action's reputation, interests or standing
Event safety
- During the Event you are responsible for your own safety and you are expected to take reasonable care to ensure the safety of other participants. You must follow any official route designated for the Event and must follow any instructions from Event volunteers, marshals or members of Action staff in connection to the Event.
- Action reserves the right at its sole discretion, at any time, to remove a participant from the Event or to prevent a participant from entering the Event. This action could be taken for safety reasons, if we reasonably believe that the participant is in breach of these Terms, or to help ensure the proper enjoyment of the Event by other participants. In such circumstances participants shall not be entitled to a refund of the Entry Fee and we reserve the right to exclude you from registering for future Action events.
- If during the Event you decide to stop participating in the Event, you must inform a nearby Event volunteer, marshal or member of Action staff.
- The Event closes at 6.00pm and there are several cut-off times in place as part of the Event to ensure the safe and proper running and completion of the Event and we will provide participants with as much advance notice as is reasonably possible of any change to these cut-off times. You acknowledge that you may be required to withdraw from the Event in relation to the cut-off time.
Event changes and rearrangement
- We reserve the right to make changes to the Event route, format, start time for any reason, including due to reasons outside of our reasonable control, or for safety reasons. We have no liability to you in respect of any such changes. Where we need to make such changes, you will be notified with as much notice as is reasonably possible.
- We reserve the right to change to the date of the Event for any reason, including due to reasons outside of our reasonable control, or for safety reasons. Where the date of the Event changes, you will be notified with as much notice as is reasonably possible, and your registration will carry over to the new date of the Event. We have no liability to you, including in respect of any travel or accommodation costs incurred, arising from the change of date.
Fundraising
- The Event is organised to raise funds for Action. We encourage all participants to raise funds for Action in connection to their participation in the Event using any legal methods. Sponsorship forms and information on fundraising and sponsorship can be found on the Website.
- You are forbidden from raising money in connection to their participation in the Event for any charity other than Action, unless we have provided you with our express prior written consent.
- In connection with any fundraising or sponsorship regarding your participation in the Event, you shall:
- comply with applicable law and regulatory requirements and any fundraising or sponsorship advice communicated to you by Action;
- maintain accurate records of any fundraising or sponsorship activity, which you shall provide to Action upon our reasonable written request;
- comply with all brand guidelines provided by Action in connection with your use of the Action name, logo, brand and/or any other promotional materials. Any such use is not permitted for any reason after 8 weeks have elapsed following the date of the Event;
- make it clear to potential donors and/or sponsors that you are not an employee or agent of Action;
- inform all potential donors and/or sponsors that: (i) all donations are for Action, a registered charity; (ii) donations received by Action are non-refundable to the participant, even if the participant does not participate in, or complete, the Event, and donations may only be refunded directly to the donor upon their written request to Action; (iii) all donations of cash and cheques (made payable to Action) should be sent to the participant and not to Action directly; and
- send all donations or sponsorship monies received to Action, using the details so provided on the Website, along with any accompanying sponsorship forms and donor details, as soon as such funds have been collected, and no later than 28 days after receipt.
- All funds raised for Action shall be held on trust by You for Action and paid to Action as soon as reasonably possible and in any case within 28 days after the date of the Event.
Right to cancel
- You have the right to cancel your registration and this contract within 14 days of receiving your Confirmation Email without giving any reason. This cancellation period will expire on the date of the Event.
- To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement using the contact details at the top of this page. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. Upon receiving a cancellation request in accordance with clause 7.1, Action will promptly refund your Entry Fee via the payment method used to pay the Entry Fee less a £5 administration fee on account of Action's administrative costs.
Intellectual property rights
- All promotional material provided to you in respect of your fundraising or sponsorship in connection with your participation in the Event, including the Action name, logo and brand, are the property of Action and/or its licensors.
- Any goodwill arising in relation to your use of the Action name, logo, brand and/or any other promotional materials in connection with the Event shall accrue solely for the benefit of Action.
Data privacy
- In connection with your application to register for the Event and/or your participation in the Event, we shall process your personal information in accordance with our privacy policy at https://action.org.uk/about-us/policies/privacy-policy.
- By participating in the Event you acknowledge that we may use your personal data to
- track your progress in the Event,
- process your application and to send you information about the Event;
- comply with our statutory and regulatory obligations; and
- to notify you of other events, activities and news relating to Action, where you have consented to receive marketing communications from Action.
- By participating in the Event you acknowledge you may be photographed or filmed by or on behalf of Action. These images may be used to help publicise the work of Action and future events. Please contact us in advance of the Event using the contact details provided above if you do not wish to be photographed or filmed when taking part in the Event.
- You agree that information provided to Action in connection with the Events is true and accurate in all respects.
- Action will publish the names of all participants in the Event on the Website. Please contact us in advance of the Event using the contact details provided above if you do not want your name to be published in this way.
- Garmin will not be collecting or receiving any personal data, registration details etc. from this event. Action Medical Research, will always keep your details safe and secure and will not sell or swap your details with anyone. You can read our full Privacy Policy or contact us on the below details to receive a copy in the post. supportercare@action.org.uk or by calling us on 01403 210406.
- Action Medical Research is solely responsible for its compliance with applicable data protection laws, including the UK Data Protection Act of 2018 (the “Act”), with respect to processing related to the Actions and the Event. GARMIN is not a Processor or Controller with respect to processing related to the Actions or the Event.
- For the avoidance of doubt, GARMIN has no involvement in processing related to the Actions, including donations, prize competitions, or raffles, and GARMIN has no involvement in processing related to the Event.
- No joint processing is occurring between Action Medical Research and GARMIN. The parties will not transfer or otherwise provide access to personal data to each other in the course of this Event. Any statistical information, such as post-event metrics, or registration information, such as number of registered participants or jerseys required, shared with a party by the other party will be aggregated and anonymized prior to sending the information to the other party.
- Action Medical Research shall indemnify GARMIN for any breach of applicable data protection laws, including the Act, which renders the latter liable for any costs, claims, fines, or expenses.
Limitation of liability
- Nothing in the Terms shall limit our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; or (iii) to the extent it cannot be excluded or limited under applicable law.
- We are not responsible for loss or damage you suffer that was foreseeable to you and us when our contract was formed.
- Whilst Action shall take steps to ensure that the Event takes place in a safe manner, You acknowledge and agree that because the Event takes place in public spaces, we are not liable for any losses, or any failure or delay in the performance of any obligations under these Terms, due to any actions beyond our control.
- We are not liable for business losses. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
General
- These Terms are between you and us. No other person shall have any rights to enforce any of its terms.
- You may only transfer your rights or obligations under these Terms to another person if we agree to this in writing.
- Each clause of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
- We reserve the right to change these Terms for any reason, including to help ensure safety at the Event. We will notify you of any material changes to these Terms by email, to the email address provided when you registered to the Event. If you do not agree to such material changes you will have the opportunity to withdraw from the Event and receive a full refund of the Entry Fee.
- These Terms are governed by English law and you can bring legal proceedings in respect of these Terms in the English courts. Additionally, if you are a consumer living in Scotland, you can bring legal proceedings in respect of these Terms in either the Scottish or the English courts; or if you are a consumer living in Northern Ireland, you can bring legal proceedings in respect of these Terms in either the Northern Irish or the English courts.
Terms and conditions correct as of 20th April 2024