01 General Information
The 2008 Student Brake Away (the “Event") is a rally event organised by Adventurepreneur Group Ltd Limited (the “Organiser”), company number 5882417, registered address 201 Dyke Road, Hove, East Sussex, BN3 1TL. The event is NOT a race or a competition. You must NOT compete in any manner with other participants. You must NOT place any bets of any kind in relation to the Event. You must drive safely and with proper courtesy to all other participants and members of the public. In particular you must not drive recklessly.
02 Entry Fee
The entry fee for the Event is £235.00 (Two hundred and Thirty Five Pounds Sterling) per person, inclusive of VAT.
The entry fee is for your vehicle and one driver. Additional fees are payable for additional passengers and/or drivers. Fees are due and payable within dates specified by Student Brakeaway HQ. Failure to pay the full entry fee by the specified date will lead to (at the Organiser's sole discretion) you being refused access to and participation in the Event and to you forfeiting the £50 deposit per person.
03 Age
You must be over 18 years of age on 01 January 2008 in order to participate in the Event.
04 Compliance
You must comply with all applicable laws and regulations of the Country in which you are travelling, including without limitation, all speed regulations, laws of the road, laws relating to the safety of your vehicle and laws relating to the possession or use of alcohol, drugs or other prohibited substances. If you consistently or flaringly breach speed regulations and laws of the road, the Organiser reserves the right to prohibit you from participating further in the Event.
You must participate in the Event in the vehicle you stated you would when completing the entry form. You will only be able to participate in another vehicle subject to the Organisers consent (which it is entitled to hold in its absolute discretion). If the Organiser does not consent to you participating in a different vehicle than the one you entered the Event with, you shall be refused access to any participation in the Event, and you shall not be entitled to a refund of your entry fee. The person(s) entered on the entry form for the Event must be the person(s) who participate in the Event. If for whatever reason you are unable to participate, your entry place is not transferable in any circumstances whatsoever.
05 Responsibility
Adventurepreneur Group Ltd Limited (the “Organiser”) accepts no responsibility for the consequences of you being refused passage and/or entry/exit to or from any State/Country visited en route, and in particular any additional costs incurred are your own responsibility.
You will need to provide full insurance for your vehicle. This must include a green card permitting European travel. You must also provide vehicle registration plates for both the front and rear of your vehicle. Failure to do so may prevent access to certain EU countries.
All drivers must carry their full driving licence (in the case of UK drivers, this must include both paper and card parts), vehicle registration documents relevant to the country of registration which must be taxed within the country of residence (where relevant).
All information that the Organiser requests from you in relation to your own personal details and those of your vehicle must be accurate and complete in all material respects.
06 Conduct
You must conduct yourself appropriately at all times and comply with the rules of the hotels/hostels/campsites and other venues used during the Event. When ‘checking-in’ to all accommodation a passport/deposit must be provided as a security guarantee against any and all ‘extras’ and damages to the property. Any such costs incurred must be paid for before ‘checking-out’ or such costs will be paid for in cash from the responsible individual(s).
07 Personal Acquisitions
The entry fee into the Event does NOT include personal acquisitions, petrol (gas), telephone bills or other expenses and disbursements incurred while staying in accommodation (including courier/postal charges relating to sending left luggage with you), fines of any sort, or damage caused at any venue visited, which you will be responsible for paying to the Organiser in addition to the entry fee within 30 days of receipt of an invoice from the Organiser.
08 Intoxicating Substances
You must NOT consume alcohol while driving. You must NOT drive under the influence of alcohol or any other intoxicating substance at any time. You must NOT consume any illegal or intoxicating substances at any time during the Event. If the Organiser finds you under the influence of alcohol while driving or attempting to drive or under the influence of any illegal or intoxicating substances, the Organiser reserves the right to prohibit you from participating further in the Event.
09 Safety
You must NOT drive if your ability to do so safely and properly is in any way compromised by illness, lack of adequate rest, or any other condition. All participants must accept to have their cars checked by the relevant authority at any time.
10 Indemnify
You will indemnify the Organiser, its directors, officers, employees and consultants against any and all claims, lawsuits and causes of action whatsoever or howsoever arising and brought against them by any third party as a result of your action or participation in the Event, including without limitation, your violation of any laws or regulations or your breach of these Terms and Conditions of Entry.
11 Licence
All designated drivers must hold a current, valid and unrestricted driver’s licence and a current and valid passport (together with any relevant visa(s)).
12 Insurance
You shall obtain and maintain appropriate insurance covering your participation in the Event and shall provide proof of such insurance in a form satisfactory to the Organiser. Appropriate insurance includes without limitation, third party liability, liability cover for yourself, medical, damage to property and life insurance and also cover for your vehicle’s participation in the Event.
13 Force Majeure and events beyond the control of the Organiser
The parties are not responsible if they cannot fulfil their obligations resulting from the contracts in cases of fire, earthquake, epidemic diseases announced by WHO, cyclone, flood, aridity, strike, lightning, war in the country, revolution, civil war, terrorist activities and similar troubles, blockade, embargo, confiscation and expropriation, and in other cases defined as Force Majeure by the laws and regulations. However, the Organiser shall pay back 10% of the entry fee if for any reason a case of Force Majeure should happen.
The Organiser cannot be held responsible if it is not possible for the Organiser to fulfil any one of its obligations or if a delay occurs in fulfilling its obligations due to any reason or situation beyond its power and control, including but not limited to cases of over-reservation due to the general instructions of any relevant official institution, municipality or another office, the provisions of the laws, regulations and statute, the instructions which may be given by the authorised officials, or other situations out of the ordinary.
14 Logo
You agree to have the "Student Brake Away” logo and official Event sponsors' stickers attached to your vehicle during the entire Event. You must not deface, cover-up or otherwise obscure such stickers and shall endeavour to keep them clean and visible at all times. You must do nothing to lessen the distinctiveness of the "Student Brake Away” logo or which may bring either the "Student Brake Away” logo or the Organiser into disrepute. Stickers are non-permanent and easily removable without damaging vehicle finishes. The Organiser will therefore not be responsible for claims for damage to vehicle finishes as a result of the application or removal of such stickers.
15 Personal Sponsorship
Personal sponsorship for your vehicle, your clothing and/or your equipment is only permitted if you obtain the Organiser's prior written consent. You should submit a written request to the Organiser for permission to do so at least 90 days prior to the commencement of the Event. Subject to obtaining the Organiser's prior written consent as to the identity of your personal sponsor(s), you will be entitled to place your own sponsor's/sponsors' names, marks and/or logos in any position on your vehicle, clothing and/or equipment provided that your sponsor/sponsors does not/do not compete or conflict with the Event's official sponsors or logo.
The Organiser shall be entitled to determine the size and location of your sponsor's/sponsors' names, marks and/or logos on your vehicle, clothing and/or equipment. If you wish to place your own sponsor's/sponsors' names, marks and/or logos on your vehicle, clothing and/or equipment without seeking the aforementioned consent, the Organiser reserves the right to refuse unauthorised sponsored vehicles or individuals entry to the Event.
16 Unauthorised Sponsorship
If you arrive at or attempt to participate in the Event with your vehicle, clothing and/or equipment displaying the branding of a sponsor that has not been authorised by the Organiser, the Organiser reserves the right to remove such branding from your vehicle, clothing and/or equipment. Failiure to comply shall result in you and/or your team being refused access to and participation in the Event (and you/your team shall not be entitled to a refund of your entry fee).
17 Refunds
If you give one month’s or more notice after you have entered the Event (i.e. after paying any sum towards taking part in the Event) that you are unable to participate, a full refund will be given minus a £50 administration charge. NO refunds of the entry fee will be made under any circumstances if you give less than 30 days notice before the start of the event.
18 Refunds During Event
After the commencement of the Event, the Organiser will NOT make any refund of the entry fee or pay compensation to you if you are unable to continue in the Event for any reason whatsoever. Although all vehicles have sufficient time to arrive at each destination, the route of the Event is very demanding. If you do not manage to complete any part of the route and are unable to stay at the provided venues, you will NOT be entitled to any refund of the entry fee whatsoever. Upon entering the Event, venues are hired and “dropping out” does not entitle you to any compensation.
The Organiser requests you sign here to show your understanding of Clause 17 & 18 specifically.
19 Violation of Terms
If you violate any of the aforementioned terms and conditions or refuse to follow the instructions given to you during the Event by the Organiser, you may be prohibited from further participation in the Event.
20 Refusal
The Organiser reserves the right to refuse participation in, or to cancel the Event at any time for any reason whatsoever (without being obliged to disclose the reason). In case of the cancellation of the Event or the refusal to allow you to participate, no refunds of the entry fee will be made.
21 Image Rights
By participating in the Event you consent to be photographed and to be included in the filming of footage documenting the Event. You hereby waive any and all rights of publicity or privacy and grant the Organiser full and complete permission to utilise and exploit your appearance in the Event in any and all manner and media throughout the world in perpetuity. You further agree that the Organiser have the sole discretion to use or refuse to use any photographs or footage in which you appear, and that if the Organiser does use such photographs or footage, it may be edited at the Organiser’s sole discretion. You consent to the use of your name, image, likeness, voice and biographical material about you in connection with any and all footage, publicity and related promotional material and for any and all publicity and promotional purposes. You expressly release the Organiser, its directors, officers, agents, employees, consultants, licensees and assigns from and against any and all claims which you have or may have for invasion of privacy, defamation or any other cause of action arising out of the production, distribution, broadcast or exhibition of photographs, footage or any promotional materials.
The Organiser requests you sign here to show your understanding of Clause 21 specifically.
22 Personal Filming
You are only entitled to take photographs and film footage of your participation in the Event for non-commercial purposes (that is for personal and private use only). Specifically, you are not entitled to reproduce or use photographs or footage of the Event on any website, in any printed media or matter or in any television programme without first obtaining the prior written consent of the Organiser. You hereby agree to assign all your right, title and interest in the worldwide copyright and all intellectual property rights in such photographs or footage in perpetuity, together with exclusive worldwide rights of exploitation thereof to the Organiser, if so requested by the Organiser. You hereby grant a perpetual worldwide licence in such photographs to the Organiser. You shall deliver to Student Gumball International Limited within 30 days of the end of the Event, at no cost to Student Gumball International Limited, a tape in DigiBeta (PAL) or in DV (PAL) format of all the footage originated by you at the Event and copies of all photographs taken at the Event.
23 Student Brakeaway Logo
The Organiser grants to you a non-exclusive, non-transferable licence to use the "Student Brakeaway” logo for purposes related to the Event only, and as specified in this agreement. You shall not be entitled to use the "Student Brake Away" logo for any purpose whatsoever other than as specified in these terms and conditions without obtaining the prior written consent of the Organiser. In particular, you shall not be entitled to use the "Student Brakeaway logo" on any website or in printed materials without obtaining the Organiser's prior written consent. Any goodwill that accrues from your use of the "Student Brake Away” logo accrues to the Organiser.
24 Media Appearances
You shall not be entitled to arrange or conduct any media appearances relating to your participation in the Event without obtaining the prior written consent of the Organiser.
25 Change of Terms
The Organiser reserves the right to change these terms and conditions from time to time subject to notifying you of the changes. You shall be deemed to have accepted the amended terms and conditions by participating in the Event.
26 English Law
English law in the Event governs these terms and conditions and your participation, and you submit to the jurisdiction of the Courts of England and Wales.
27 General
These terms and conditions constitute the entire agreement between the parties, supersede any previous agreement or understanding, and may not be varied except in writing between the parties. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law. A notice required or permitted to be given by either party to the other under these terms and conditions shall be in writing addressed to the other party at its home address, registered office or principal place of business or such other address as may at the relevant time have been notified to the other party.
No failure or delay by either party in exercising any of its rights under these terms and conditions shall be deemed to be a waiver of that right, and no waiver by either party of any breach of these terms and conditions by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
If any provision of these terms and conditions is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected.
The Contracts (Rights of Third Parties) Act 1999 does not apply so as to give to a person who is not a party to this agreement a right under it.
Waiver - Release and Waiver of Liability
01 Risks Associated with Participation
I acknowledge and realize that participation in an event such as the 2008 Student Brakeaway (the "Event") is potentially dangerous and that there are numerous risks associated with my participation. Such risks and dangers include, but are not limited to, traffic accidents, collisions with pedestrians, vehicles, other drivers, and/or fixed or moving objects, and the negligence of other drivers. Further, I fully realize and understand that my participation in the Event may result in serious bodily injury and/or death to myself, or others. I further realize and understand that the route of the Event will require driving on public roadways upon which the hazards of travelling are to be expected. Further, I realize that participation in the Event will require strenuous physical exertion as participants will be required to drive for very long periods of time over several days, including the risk of driving through inclement weather.
02 Assumption of the Risks
With full knowledge and understanding of the risks associated with my participation in the Event, I enter the Event voluntarily and fully accept and assume every such risk for loss, damage, or injury (including death).
03 Compliance with Terms and Conditions of Entry
I agree to comply with all the Event's terms and conditions of entry. I acknowledge and understand that the Organiser of the Event will use reasonable efforts to ensure that all other participants abide by the terms and conditions of entry, but cannot guarantee that the participants will abide by these terms and conditions.
04 Release of Liability
In consideration for being permitted to participate in the Event, I hereby waive, release, and forever discharge, for myself, my heirs, executors, administrators and legal representatives, any and all rights and/or claims which I have, may have, or may hereafter accrue to me against the Organiser, its officers, directors, employees, consultants, agents and event sponsors for any and all damages, injuries (including death), and/or claims which may be sustained by me or my vehicle directly or indirectly arising out of my participation in the Event (including the application of emergency or medical services at the Event), even if the damages, injuries (including death), and/or claims are caused by the negligence of those persons listed above or otherwise (including out of the transportation of my vehicle by air arranged by the Organiser) save that nothing in these Terms and Conditions shall be construed as excluding or limiting the Organiser’s liability for personal injury or death arising from its negligence or the negligence of persons under its control.
Further, I covenant not to sue the Organiser, its officers, directors, employees, consultants, agents and Event sponsors for any and all damages, injuries (including death), and/or claims which may be sustained by me directly or indirectly arising out of my participation in the Event. This release and discharge includes, but is not limited to, claims for personal injury, death, property damage, economic loss, breach of contract, lost wages, contribution indemnity, indemnity, punitive damages, negligence, or any other legally recognisable claim arising out of my participation in the Event (including all legal costs associated with such claims).
05 Indemnity
I hereby agree to release, defend, indemnify, and hold harmless the Organiser, its officers, directors, employees, consultants, agents, Event sponsors and licensees and assigns from and against any and all claims, demands, damages, suits, liabilities or actions arising directly or indirectly out of my actions or otherwise from my participation in the Event whether made or claimed during or after the Event, including all associated costs and expenses and any amounts which the Organiser may pay as a settlement or compromise of any such claims or liabilities.
I have read this waiver, fully understand its terms, and understand that I have given up substantial rights by signing it. I have done so freely and without inducement, coercion, or duress. I intend this waiver to be a complete and unconditional release of all liability to the greatest extent allowed by law. I agree that, if any portion of this waiver is held to be invalid, the balance of the waiver shall continue in full force and effect.
Please note that by completing the entry form and accepting these terms and conditions you are concluding a legally binding agreement with us to participate in the Event on these terms and conditions.
I understand that while the Organiser will endeavour to keep my personal information secure, it does not accept any responsibility should loss or theft of this information occur. I consent to my personal details being passed on to other third parties that the Organiser thinks appropriate.
