LIMITATION OF LIABILITY TERMS AND CONDITIONS AND TERMS AND CONDITIOSN CONCERNING PERSONAL DATA, IMAGERY AND PHOTOGRAPY PERMISSIONS
1. By signing this Agreement You acknowledge your understanding and full acceptance of these conditions, any further terms and conditions provided to you by us in respect of The Ride from time to time, the Rules, and any instructions given to you by the organisers and officials at The Ride (together, the “Conditions”). In exchange for my participation in Two Volcano Sprint (2VS) events and activities, you acknowledge, understand, accept and agree to the following clauses:
Our responsibility for loss or damage suffered by you
2. Participation in The Ride is a hazardous activity. The risk of injury as a consequence of your participation in The Ride is significant due to its Prevailing Circumstances. Risks include the potential for your serious bodily injury, permanent paralysis and death. While Your strict observance of medical advice, laws, legal duties, Conditions, use of proper equipment and personal discipline may reduce the risk, the risk of serious injury still exists; and,
3. YOU KNOWINGLY AND FREELY RECOGNISE, AGREE TO ASSUME ALL RISKS AND CONNECTED CONSEQUENCES, BOTH KNOWN AND UNKNOWN, ARISING FROM AND CONNECTED TO YOUR PARTICIPATION IN 2VS EVENTS AND ACTIVITES, INCLUDING BUT NOT LIMITED TO ‘THE RIDE’, EVEN IF ARISING FROM THE ERROR IN JUDGEMENT OR LAPSE IN SKILL OF FELLOW CYCLISTS or others to the fullest extent allowed by the law
4. As a participant in 2VS you understand that you legally owe all other participants and those reasonably foreseen to be impacted by your activities, a duty of care. This duty of care is to exercise all care that is objectively reasonable in the Prevailing Circumstances in order to avoid injury to fellow participants, their property or to third parties reasonably foreseen to be at risk by your actions or inactions. This duty includes an obligation on you to report to the necessary individual or organisation, and as soon as is possible, any significant risk or hazard you encounter, notice or foresee.
5. If objectively reasonable, you will stop and assist any other unattended to participant in The Ride who is in need of urgent medical attention and alert the relevant authority and 2VS organisers as soon as possible.
6. We accept no responsibility for the loss of, theft, or damage to any property owned by or under the control of you which you bring to The Ride. You are solely and personally responsible for the safety of your belongings.
7. To the fullest extent permitted by law, you for yourself and on behalf of your heirs, assigns, personal representatives and next of kin, HEREBY FOREVER WAIVE, RELEASE, DISCHARGE AND HOLD HARMLESS Two Volcano Sprint directors, officers, officials, agents, volunteers and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event and all other persons associated with The Ride, WITH RESPECT TO ANY AND ALL LIABILITIES, CLAIMS, ACTIONS OR DAMAGES THAT YOU MAY HAVE AGAINST US ARISING OUT OF OR IN ANY WAY IN CONNECTION WITH YOUR REGISTRATION AND PARTICIPATION IN THE RIDE INCLUDING, WITHOUT LIMITATION, ANY LIABILITY OR CLAIMS INVOLVING INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE ACTIONS OR INACTIONS OF THE ABOVE PARTIES OR OTHERWISE,
8. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Personal information, photographs and imagery
9. You agree that we can use the personal information that you provide to us when registering for or in connection with The Ride:
1. in the case of an emergency – the emergency contact details and medical information you provided may be used to allow medical assistance to be given to you.
2. to store, use, and share with group companies and partners, in connection with the Event. By giving us your personal information, you expressly consent to our collection, use and disclosure of your personal information. When you submit personal information to us, we may use it to contact you, and we may provide it to certain third parties, for marketing or promotional purposes.
3. to compile reports on results of The Ride to be published to 2VS or any affiliated organisation for the purpose of insurance, permits or for any other purposes so required.
4. to publish The Ride results on our website after the Event.
You have the right to ask us not to process your personal data for marketing purposes and You may always opt-out of receiving future e-mail messages and newsletters from us.
10. The Ride may be recorded and videos, photographs and other recordings may be taken, where you may be captured participating. You agree to the publication of such photographs, videos, recordings, and/or likenesses of you (whether edited, adapted, modified or copied) and their use by us and those authorised by us, without prior notice or compensation, in any way which we may see fit now or in the future including but not limited to film, broadcast, radio, TV, publications, future events, press kits, annual reports, social networking sites, and publicity. You acknowledge that we have the full right to sell and/or profit from the commercial use of such photographs, motion pictures, recordings, and/or likenesses of you.
Any audio, visual, or audio-visual recordings that you make of the Event or any part of it are for your personal use only and cannot be published or used for any commercial purpose without our prior written consent.