Privacy Policy | Website Terms & Conditions
Definitions
"Conditions" means these terms and conditions of entry for the Event.
"Dual Discipline Event" means any two of the three Olympic triathlon disciplines.
"Entry Form" means the website pages which must be completed in order to participate in the Event.
"Event" means the event named on the Entry Form.
"Entry Fee" means the price of entry into the Event as set out in the Entry Form.
"Event Information" means information provided by the Event Organiser in relation to the Event.
"Event Organiser" means International Management Group (UK) Limited a company registered in England & Wales, organisers of the Event on behalf of the Abu Dhabi Tourism Authority.
"Novice Training Day" means a training day on a date notified by the Event Organiser for novice Participants in relation to Triathlon or Dual Discipline Events.
"Open Water Day" means a training day notified by the Event Organiser for Participants to practice swimming in open water.
"Participant" means the person named on the Entry Form who will be participating in the Event.
"Triathlon Regulations" means the rules and regulations imposed by the relevant governing bodies that oversee the Event, the rules and regulations of the International Triathlon Union (or as otherwise notified by the Event Organiser from time to time) and Doping rules.
1. Acceptance of Conditions
These Conditions shall apply in place of and prevail over any
terms or conditions (whether or not in conflict or inconsistent
with these Conditions) contained or referred to in any
documentation submitted by the Participant or in correspondence or
elsewhere or implied by trade custom, practice or course of
dealing. A variation of these Conditions is only valid if the Event
Organiser gives notice to the Participant in writing in any
official Event material or correspondence prior to the Event
(including via email). The Participant shall be deemed to have
accepted these Conditions upon completion of the Entry Form.
2. Participation
2.1 The Participant acknowledges that participation in the Event
is physically strenuous. It is acknowledged that participation in
the Event will be physically demanding and the Participant is aware
of the nature of the Event and associated medical and physical
risks involved.
2.2 The Participant agrees that he/she is physically capable of
competing in the Event and agrees to be solely responsible for
his/her actions and the Event Organiser, its officers, employees,
agents, affiliates, associated companies, sponsors or medical
advisers are not responsible for any injury or illness that the
Participant may suffer as a result of his/her participation in the
Event (unless caused due to the negligence of the Event Organiser).
The Participant accepts that should any medical or physical
condition arise prior to the Event which is likely to affect
his/her ability to compete, the Participant will withdraw in
accordance with these Conditions. The Participant acknowledges the
exclusion of liability and indemnity in clause 5.1 and 5.2
respectively of these Conditions.
2.3 The Participant agrees to abide by all applicable rules and
regulations including the Triathlon Regulations. The Participant
shall not be entitled to a refund of the Entry Fees if he or she is
disqualified from the Event as a result of an infringement of these
Conditions or any such rules and regulations. The Event Organiser
is also entitled to impose Event rules upon the Participant from
time to time which will form part of these Conditions.
2.4 The Participant must complete the appropriate registration
process at the times and on the day as instructed in the Event
Information which will be issued by the Event Organiser before the
Event. If required they will also supply their bike for inspection
as part of the registration process.
2.5 It is the Participant's responsibility to provide and use a
roadworthy bicycle and helmet which comply with rules and
regulations. If required the Participant will supply their bike for
inspection.
2.6 The Event Organiser may introduce cut off times as they see
fit as part of the Event rules, being limits on the time taken to
complete sections of the Event (as initiated by the Event Organiser
at its discretion) to ensure the safe and proper running of the
Event. Subsequently, competitors may be instructed to withdraw from
the race in accordance with imposed cut off times.
2.7 The Event Organiser (at its sole discretion) reserves the
right to require the Participant to wear a swimming wetsuit for
open water. It is the Participant's responsibility to provide and
use a wetsuit which complies with the relevant rules and
regulations. Participants without a wetsuit, where the Event
Organiser has required that wetsuits should be worn, will not be
allowed to compete and will not be refunded their Entry Fee.
2.8 The Event Organiser reserves the right at any time to remove
Participants from the Event or prevent Participants participating
in the Event if in the Event Organiser's sole discretion, it
considers such action necessary for safety reasons or the proper
enjoyment of the Event by other Participants or for any other
reasonable reason. No refund of the Entry Fee shall be made if the
Participant has acted negligently, maliciously, with wilful
misconduct or otherwise without due care and attention for the
Event or other participants, so as to cause his/her removal.
2.9 At registration, the Participant must produce appropriate
photographic personal identification acceptable to the Event
Organiser (such as drivers licence or passport).
2.10 While the Event Organiser takes every care with the staging
of the Event, the Participant acknowledges that he/she is advised
by Event Organiser to take out appropriate personal accident and
personal items insurance and that such insurance is his or her sole
responsibility.
2.11 The minimum age of entry is 17 years old at the 31st December
of the Event year.
2.12 All decisions and rulings by the Event Organiser, its
employees and its agents are considered final. Accordingly, the
Participant will comply with all Event rules and all instructions
and guidelines given by stewards, marshals, and safety personnel.
The Participant acknowledges and agrees that the Event Organiser
will organise and run the Event and will have sole authority and be
the final arbiter on all decisions relating to the safety, running
and organisation of the Event, the rules of the Event, the
timings/finish times and the placings.
2.13 These Conditions are personal to the Participant and it may
not assign any of its rights or obligations under this Agreement
without the prior written consent of the Event Organiser. The
Participant represents and warrants that the Entry is purchased for
personal use only, that it cannot be donated free of charge or
otherwise given away for free, and that it is not purchased as part
of any form of business or commercial activity (save as expressly
authorised by the Event Organiser), and in particular, that the
Entry may not be resold or offered for resale by anyone whether at
a premium or otherwise and may not be used for advertising,
promotion use as a prize (including in competitions and
sweepstakes), travel packages, or for any other trade purposes.
Donation, give away, resale or attempted resale is grounds for
seizure or cancellation without refund or other compensation.
2.14 The Participant acknowledges and accepts that circumstances
concerning an Event may change from time to time for reasons out of
the Event Organiser's reasonable control or otherwise, without the
Event Organiser incurring any liability and without any rights to
withdrawal being accrued by the Participant other than set out in
clause 4 below. By way of example, and for illustration purposes
only, car parking arrangements and issues with hotels, may
arise/change but such changes/issues will not allow the Participant
to withdraw and nor will the Event Organiser be deemed liable
except as otherwise set out herein.
3. Bookings and Payments
3.1 In consideration for being granted the right to participate,
the Participant must pay the Entry Fee by no later than the closing
date set out on the Entry Form.
3.2 The Participant shall complete the Entry Form online and
submit it together with payment of the Entry Fee online in
accordance with the Event Organisers' website.
3.3 The Participant shall not be eligible or entitled to
participate in the Event until full payment of the Entry Fee has
been received by the Event Organiser. No payment shall be deemed to
have been received until the Event Organiser has received cleared
funds.
4. Withdrawal, Cancellations or Alterations
4.1 The Event Organiser operates a 7 day cooling off period.
Accordingly, the Participant is entitled to cancel his/her
application to participate provided the Event Organiser receives
written notice of cancellation within 7 days of payment of the
Entry Fee (payment being deemed made for the purposes of this
clause 4.1 by clicking on the make payment link on the webpage).
During this 7 day period the Participant is able to cancel its
entry and receive a full refund of the Entry Fee by
emailing info@abudhabitriathlon.com.
The notice must be received by the end of the 7 day cooling off
period.
4.2 The Event Organiser reserves the right to change the time and
or date of the Event. In the event of a change of start time the
Participants will be notified of the revised start time with as
much notice as reasonably practicable. No refund in full or in part
will be made for any change in the start time provided the Event
takes place on the specified date of the Event. Should a
change of date be made, and the Participant is unable to attend on
the revised date, he/she has three weeks to inform the Event
Organiser in writing from when the change in date is announced to
receive a refund of their Entry Fee.
4.3 The Participant acknowledges that participant places are
limited and payment of the Entry Fee and reservation of the place
has an effect on logistics and the subscription for the Event.
Accordingly, subject to clauses 4.1 and 4.2 above, the Participant
may only withdraw from the Event at any time, subject to the
following:
4.3.1 If the Participant withdraws from the Event 90 days or more
before the Event he/she will receive no refund but upon request the
Event Organiser will provide the Participant with a place free of
charge in the same Event the following year, provided such event
takes place. The Participant must notify the Event Organiser of
their intent to take up the place and must also complete the online
entry process no later than 90 days prior to the following year's
Event to secure their place. The Participant shall only be entitled
to roll entry over once and it must be for the following
year.
4.3.2 If a Participant pulls out of the Event between 89 days and
8 days before the Event he/she will receive no refund from the
Event Organiser but upon request the Event Organiser will reserve
the Participant entry for the Event which it proposes to run the
following year subject to the Participant completing an Entry Form
and paying the applicable Entry Fee for such event within the
stipulated time limits for such event.
4.3.3 If the Participant pulls out of the Event with 7 days or
less to the Event or if the Participant fails to register for the
Event he/she will receive no refund or reserved entry for any
future race or event.
4.3.4 If the Participant pulls out of an optional Novice Training
Day and /or Open Water Day, for which he/she has entered and has
paid the applicable Entry Fee, he/she will receive no refund
for such Novice Training Day and/or Open Water Day.
4.4 No Participant shall be entitled to change the race category
further to submitting the Entry Form.
4.5 Notice of withdrawal from the Event must be communicated by
emailing info@abudhabitriathlon.com
stating clearly your desire to withdraw and putting the word
WITHDRAWAL in the subject line of the email. Withdrawals WILL NOT
be accepted by telephone or by post. Date of receipt of notice will
dictate whether or not a free or guaranteed place is offered for
the following year in accordance with this clause 4.
4.6 Should places in any category for the Event be oversubscribed,
the Event Organiser reserves the right to either offer the
Participant a place in a suitable alternative category for such
Event or withdraw the offer of a place.
4.7 In the event the Event Organiser withdraws the offer of a
place to the Participant in the Event for any reason at any time it
will provide the Participant with a full refund of the Entry Fee,
with no further liability whatsoever arising from such withdrawal.
Notwithstanding this clause 4.7 no refund shall be made where
otherwise set out herein (including for the avoidance of doubt
clauses 2.3, 2.8 and 2.13).
4.8 The Event Organiser reserves the right to amend the Event
format at its sole discretion (such as by way of illustration from
a Triathlon to a Dual Discipline Event or other suitable race
format) or cancel the Event due to circumstances beyond its
reasonable control. In the event of the Event being cancelled it
shall provide the Participant with a full refund with no further
liability whatsoever arising from such cancellation. If the event
is changed to another format such as a Dual Discipline Event or
other format the Participant will not be entitled to any refund and
there shall be no further liability whatsoever arising from such
change of format.
5. Event Organiser
Responsibilities/Liability
5.1 Notwithstanding anything in these Conditions the Event
Organiser shall not be liable to the Participant for any liability
in contract, tort (including negligence) or otherwise for any loss
of business, revenue or profits, anticipated savings or wasted
expenditure, loss or damage of or to personal equipment belonging
to the Participant or any indirect or consequential loss or damage
whatsoever (notwithstanding that such loss was within the
contemplation of the parties at the date of submitting the Entry
Form) arising out of the Participant taking part in the Event or
any other matter arising under these Conditions nor for an
aggregate amount greater than the Entry Fee paid by the
Participant. Without limiting the foregoing, the Event Organiser
will not be liable for any actions of any spectators or other third
parties unless otherwise set out herein.
5.2 Accordingly the Participant hereby expressly and irrevocably
renounces, for him/herself, heirs and successors in title the right
to any recourse or claims whatsoever against the Event Organiser,
its officers, employees, suppliers and/or sponsors and/or persons
for whom it is answerable ("Associated Parties") as a result of any
kind of physical, mental or other loss or damage of whatsoever
nature (including any loss of earnings, profits, or pain and
suffering) suffered by the Participant, directly or indirectly, or
by his/her family or by any dependents and caused by an event in
any way relating to the Participant s participation in Event, and
the Participant hereby undertakes, for him/herself, heirs and
successors in title to indemnify and hold harmless the Event
Organiser, and the Associated Parties for any costs and/or amount
which they or any of them may be required to pay as a result of any
recourse or claim aforesaid by whomsoever made. The Participant
also agrees to indemnify the Event Organiser and the Associated
Parties for any claim, actions, liabilities or losses resulting
from any breach of the Participant s declarations above and/or the
Participant s negligent acts or omissions and/or wilful
misconduct.
5.3 Nothing in these Conditions shall exclude or limit the
liability of the Event Organiser:
5.3.1 for death or personal injury caused by the Event Organiser's
negligence;
5.3.2 for fraud or fraudulent misrepresentation; or
5.3.3 for any matter which it would be illegal for the Event
Organiser to exclude or attempt to exclude liability.
5.4 This clause 5 shall be read and construed and shall have
effect subject to any limitation imposed by any applicable
law.
6. Publicity and Results
6.1 The Participant irrevocably consents to:
6.1.1 his/her appearance in the Event being filmed, recorded,
incorporated and exploited in whole or in part in any television
programme, film, video or broadcast of whatever nature by all means
and in all media and formats now or invented after the date of
these Conditions; and
6.1.2 the use and reproduction of the Participant's name,
likeness, appearance and photographs, films and recordings by all
means and in all media for the purpose of advertising, publicity
and otherwise in relation to the exploitation of the Event (and
future events) and/or the promotion of the Event (and future
events) and the commercial rights relating to the Event (and future
events) provided that such use does not imply direct endorsement by
the Participant of any official sponsor or supplier of the
Event.
6.2 Any film, photographs (by camera or mobile phone), or any
other recording of moving or still picture, and all intellectual
property in connection therewith (including but not limited to
copyright) shall remain the property of the Event Organiser, and
where such intellectual property does not automatically vest in the
Event Organiser, these Conditions shall constitute a legally
binding assignment thereof and/or the Participant shall sign all
reasonable documentation required to give affect thereto.
Accordingly any such recording shall not be used other than for
private use without the Event Organiser's prior written
consent.
6.3 The Event Organiser will use best endeavours to provide an
Event finish time for the Participant however it cannot be held
responsible for any computer result anomalies or any technical
malfunctions.
6.4 The Event Organiser will contact you from time to time about
the event and related activity. Your details will also be passed
onto the official Event Photographers in order for them to email
you your photo's after the race - they will not contact you about
anything other than your event photo. The Event Organiser will not
pass your details onto any other third parties.
7. General
7.1 These Conditions (and the documents referred to in them)
constitute the entire agreement and understanding of the parties
and supersede any previous agreement between the parties relating
to the Event. The Participant acknowledges and agrees that in
submitting the Entry Form (and the documents referred to in it) it
does not rely on, and shall have no remedy in respect of, any
statement, representation, warranty, understanding, promise or
assurance (whether negligently or innocently made) of any person
(whether party to these Conditions or not) other than as expressly
set out in these Conditions.
7.2 Nothing in these Conditions shall constitute or be deemed to
constitute a partnership between the parties hereto or constitute
or be deemed to constitute either party as agent of the other for
any purpose whatsoever and neither party shall have authority or
power to bind the other or to contract in the name of the other in
any way or for any purpose.
7.3 No waiver by either party of a breach or a default hereunder
shall be effective unless in writing and signed by both parties and
any such waiver shall not be deemed to be a waiver of any
subsequent breach or default of the same or similar nature.
7.4 To the extent permitted by law all provisions of these
Conditions shall be severable and no provision shall be affected by
the invalidity or unenforceability of any other provision with the
remaining provisions if necessary, being so amended as shall be
necessary to give effect to the spirit of these Conditions so far
as possible.
7.5 These Conditions shall be interpreted in accordance with the
laws of England and Wales. For the avoidance of doubt any claim or
dispute arising out of or in connection with the Event shall be
governed by English law. Any dispute or claims arising out of
or in connection with the Event (including non-contractual disputes
or claims) shall be subject to the exclusive jurisdiction of the
English Courts.