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SweetSpot Agreement and Waiver

The Wales360 2019

The Wales360 2019

SweetSpot Agreement and Waiver

IMPORTANT NOTICE: This document (the “Agreement”) has legal consequences and will affect your future legal rights. You should read it carefully before accepting it and should seek independent legal advice.

In consideration of being permitted by SweetSpot Group Limited (the “Organiser”) to participate in Wales360 2019 (the “Event”) I, (also known as the “contracting party”) acknowledge that by accepting this Agreement I am legally agreeing to the following statements and terms and conditions of participation:

1. Liability and Waiver

1.1. I acknowledge and assume all of the risks of participating in the Event. Mountain Biking is inherently dangerous, these risks cannot be completely eliminated and the Event will be an extreme test of my physical limits that carries with it the potential for serious bodily injury, permanent disability, paralysis and death in addition to property damage and loss. I acknowledge and agree that it is my responsibility to determine whether I am sufficiently fit and healthy enough to safely participate in the Event, to seek medical advice before participating in the Event and to take out and maintain suitable insurance cover against any injury I might sustain due to my participation. I declare that I am or will be sufficiently fit and physically trained to participate in the Event. I certify that I have not been advised against participation in the Event by any healthcare provider, have no physical or mental condition that would endanger myself or others if I participate in the Event or would interfere with my ability to safely participate in the Event.

1.2. I understand and agree that I am responsible for taking care of my own personal belongings during the Event and that the Organiser will not, to the maximum extent permitted by law, be responsible for any personal item or property that is lost, damaged or stolen at the Event.

1.3. I understand and acknowledge the dangers associated with the consumption of alcohol and/or drugs before, during and after the Event and I recognize that consumption of alcohol and/or drugs might impair my judgement and motor skills. I assume responsibility for any injury, loss or damage associated with my consumption of alcohol and/or drugs.

1.4. I waive, release and discharge SweetSpot Group Limited, event sponsors, event organisers, event promoters, race directors, event officials, event staff, event medical staff, advertisers, property owners, volunteers, administrators, contractors, vendors, volunteers, all other persons or entities involved with the Event, and all local and borough councils, authorities, county councils and other Government bodies, and/or agencies whose property and/or personnel are used and/or in any way assist in locations in which the Event or parts of the Event take place, and each of their respective parent, subsidiary and affiliated companies, licensees, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, and other participants and representatives (individually and collectively, the “Released Parties”), from any and all claims, liabilities of every kind, demands, damages (including direct, indirect, incidental, special and/or consequential), losses (economic and non- economic), and causes of actions, of any kind or any nature, which I have or may have in the future, including court costs, legal fees and litigation expenses (individually and collectively, the “Claims”) that may arise out of, result from, or relate to my participation in the Event or my travelling to or from the Event, including my death, personal injury, partial or permanent disability, negligence, property damage and damages of any kind, property theft, and Claims relating to the provision of first aid, medical care, medical treatment, or medical decisions (at the Event site or elsewhere) and any Claims for medical or hospital expenses, even if such Claims are caused by the negligent acts, omissions, or the carelessness of the Released Parties, save where death or personal injury is caused by the negligence of the Released Parties.

1.5. On my own behalf (or, in the event that clause 1.9 applies, on the behalf of the participant for whom I have parental responsibility) and on behalf of any personal representatives, assigns, heirs, executors, successors, next of kin, and persons supported by me (if relevant under the applicable laws), I further covenant and agree not to sue any of the Released Parties for any of the Claims that I have waived, released, or discharged herein (save for death or personal injury caused by their negligence). I agree to indemnify, defend and hold harmless the Released Parties from any and all expenses incurred, Claims made by me or other individuals or entities, for liabilities assessed against the Released Parties, including but not limited to court costs, legal fees and litigation expenses, arising out of or resulting from, directly or indirectly, in whole or in part, my breach or failure to abide by any part of this Agreement, my breach or failure to abide by any of the Event rules, instructions and information provided to me by the Organiser in connection with my participation in the Event, and/or my actions or inactions which cause injury or damage to any other person (or in the event that clause 1.9 applies, the actions of the participant for whom I have parental responsibility).

1.6. Nothing in this Agreement shall be construed as limiting or excluding the Organisers liability for a) death or personal injury caused by gross negligence b) fraud or fraudulent misrepresentation or c) any other matters for which it would be illegal or unlawful to exclude or attempt to exclude liability. Your statutory rights as a consumer are not affected by this Agreement.

1.7 I hereby confirm that I will arrange liability insurance to cover me during my participation in the Event for incidents causing physical injury or property damage to third parties that are (or are alleged to be) my fault to include legal costs incurred in forming my defence and damages awarded against me following a successful claim by a third party. I will provide the Organiser with proof of this insurance cover on request.

1.8. I hereby confirm that I will be 18 years old or over on the date of the race.

1.9. In the event that a potential participant is under 18 years of age at the point of registration but will be 18 years old or over on the day of the Event, such potential participant shall be the contracting party for the purposes of this Agreement, but such person’s registration will be subject to the Organizer receiving accompanying parental consent alongside the registration before confirmation is given. Such parental consent will represent that he/she is, in fact, acting in such capacity and agrees to save and hold harmless and indemnify each and any of the parties referred to above from all liability, loss, cost, claim or damage whatsoever which may be imposed upon said parties because of any defect in or lack of such capacity to so act and release said parties on behalf of the minor and the parents or legal guardian.

2. General Terms and Conditions

2.1. By registering via the Event website, the contracting party acquires the right to participate in the Event in accordance with the current terms and conditions, provided the appropriate SweetSpot Agreement and Waiver has been submitted. The respective event services are described on the Event website and in this Agreement.

2.2. The contracting party pays for the Event services specified as part of the registration process (“Entry Fee”). The fees are quoted inclusive of statutory VAT. The contracting party will not receive confirmation of registration from the Organiser until the Entry Fee deposit has been paid. A separate confirmation will be received once the final balance has been paid. The confirmation serves as proof that the Organiser has received the Entry Fee in full and the contracting party will need to submit the confirmation for accreditation at the event venue.

2.3. Event documents necessary for participation in the Event will only be handed over on presentation of payment confirmation, a signed declaration of liability and a form of photographic identification (such as ID card, driving licence or passport).

2.4. A limited number of discounted ‘Pioneer’ entries may be made available during the registration process and allocated on a first come first served basis. Participants securing a Pioneer entry in 2019 who subsequently successfully register to participate in a future edition or edition(s) of the Event will pay no more than they paid in 2019 for each of those future participations for as long as they continue to participate in the Event without hiatus.

3. Services

3.1. I acknowledge and agree that the Organiser in its sole discretion may due to force majeure, delay, modify, abandon or cancel the Event or individual part(s) of the event. Should the Event or part(s) of the Event be delayed, modified, abandoned or cancelled for any reason for which the Organiser is not responsible, including but not limited to acts of God or the elements (including without limitation, wind, rain, hail, hurricane, tornado, earthquake), acts of terrorism, fire, threatened or actual strike, labour difficulty, work stoppage, insurrection, war, public disaster, flood, unavoidable casualty, route conditions, or any other cause beyond the control of the Organiser, there shall be no refund of the entry fee or any other costs incurred in connection with the Event.

3.2. If the Event or individual part(s) of the Event are changed in venue and/or timing due to force majeure (e.g. bad weather), for which the organiser is not responsible, the organiser shall be released from his obligations and the organiser is not liable for damages that the contracting party or participants incur for this reason (e.g. travel and accommodation costs). A refund of attendance fees in the aforementioned cases is excluded, but in the event that there is a change in venue and/or time of the Event, the participants will be entitled to attend the rescheduled event as if it were the original Event.

3.3. I understand that the Organiser reserves the right, in its sole and complete discretion, to deny entry, revoke the entry application of any applicant at any time, and/or to exclude any individual from the Event. I expressly waive any claim for damages arising from the denial or revocation of any entry application exceeding the amount of the entry fee.

3.4. I acknowledge that my entry fee and place in the Event are transferable up until midnight on 31 May 2019. In such circumstances I agree to pay an administration fee for the transfer of my place in the Event. I acknowledge that the original registration fee shall not be refunded until the new participant has completed the registration, the SweetSpot Agreement and Waiver, and paid the Entry Fee in full. Transfers may only be completed for the same category of entrant in the Event (for example, if the original registration was for a participant in the Female Team Open, the new registration must also be for a participant in the Female Team Open). Once the new participant has accepted and completed the transfer, only then will the original registration be cancelled and refunded. I acknowledge and agree that the administration fee will be deducted automatically from the refund.

3.5. The administration fee is currently £25 but may be varied from time to time at the Organiser’s sole discretion. Under no circumstances shall I assign or subcontract my rights or obligations under this Agreement.

3.6. I acknowledge that if I am unable to participate in the Event the Organiser shall not refund any part of my entry fee. Participants may wish to consider protecting their booking with Registration Protection. This service is provided by a 3rd party and is subject to separate terms and conditions. Further details are available during the registration process.

3.7. Every participant is responsible for ensuring they have sufficient food and drink during the ride. The Organiser will provide food and drink at the feed zones, while supplies last. However, the Organiser provides no guarantee as to the availability of food and drink. These feed zones will be signposted in advance advising of the distance. Participants may not be provided with food or drink from accompanying vehicles, but food, drink, articles of clothing or replacement parts may be provided from companions standing at the side of the route.

3.8. Riders will have access to a technical service before the start, at points during each days ride and after the finish line. Adjustment and servicing is free of charge. Maintenance is not generally carried out. Replacement parts as well as more extensive repair work must be paid for by the participant if necessary. Participants do not have an automatic right to the technical services listed.

3.9. There will be a so called ‘broom wagon’ service to take in participants who are unable to continue due to exhaustion or breakdown and to transport them to the finish line. The broom wagon will not be able to follow the entire route and therefore riders may need to make their way to the nearest pick up point as directed by Event staff.

4. Data

4.1. Careful handling of personal information is important to the Organiser. When processing participants’ personal data, the Organiser complies with the statutory provisions and protects their identity and privacy. When registering for and using the services provided by the Organiser, personal data may be collected, processed or used.

4.2. Personal data are details of factual or personal circumstances for a specific or identifiable natural person. These especially include information that enables conclusions about the identity of participants, such as their names, phone numbers, addresses or email addresses. Statistical data which cannot be associated directly with the contracting party as an individual, do not fall under this definition of personal data.

4.3. Participants’ personal data are only disclosed or otherwise communicated to third parties if this is required for the purpose of fulfilling the contract or billing or to which you have given your prior consent. The data disclosed in this way may only be used by our service providers to fulfil their tasks. Any other use of the information is not permitted.

4.4. The personal data provided by the contracting party at registration are saved and processed only for the purposes of implementing and executing the Event. When registering, the contracting party consents to have his data stored for this purpose. The contracting party also declares that he agrees to have his collected personal data used for the organiser’s internal market research purposes.

4.5. Disclosure of collected data to third parties occurs only if this is required and legally permissible under the contract terms or the contract arrangement between the contracting parties or the contracting party has explicitly consented to a transfer of data. Otherwise the contracting party’s data are not disclosed to third parties.

4.6. Deletion of participants personal data takes place if a right to deletion has been asserted and legal storage requirements do not preclude it as well as if the data are no longer required to fulfil the purpose associated with their storage or if storing them is not permissible for any other legal reasons.

4.7. I hereby grant to the Organiser the right, permission, and authority to use my name, image, voice, and/or likeness, without compensation, captured during the Event by the Organiser, its affiliated entities or contractors, and/or the media in any photographs, videos, broadcast, telecast, podcast, webcast, recordings, motion pictures, commercial advertisement, promotion materials, and/or any other record of this Event for any purpose whatsoever.

5. Eligibility and Rules

5.1. Riders must compete in one of the following categories as part of a team with a minimum of two riders:

· Male Team Open

· Male Team Masters 40+ on 31 December 2019

· Male Team Masters 50+ on 31 December 2019

· Female Team Open

· Female Team Masters 40+ on 31 December 2019

· Female Team Masters 50+ on 31 December 2019

· Mixed Male / Female Team Open

· Mixed Male / Female Team Masters 40+ on 31 December 2019

· Mixed Male / Female Team Masters 50+ on 31 December 2019

· E-Bike Team (at least one rider in the team on an E-Bike)

5.2. Riders will be entered into the appropriate team category by the Organiser based on data submitted during the registration process. The Organiser may offer prizes/awards to riders in different categories as described on the website and/or Event participant guide. Where these are finishers prizes/awards or gifts they will only be awarded to riders who complete all 6 days of the Event in accordance with the rules.

5.3. Only mountain bikes are permitted in the Event. Tandems are not permitted. Motorised assistance/engines are not permitted except for eBikes registered within the eBike category. eBike drive systems must be unmodified from the manufacturers original specification and comply with the rules for ‘electrically assisted pedal cycles’ (EAPCs). Mechanical or other connections between bicycles are not permitted (towing ropes or similar).

5.4. Luggage racks, front mounted bags (mounted to the handlebars or front forks), bicycle mounted bags over 2 litres, aerodynamic handlebar attachments and non-malleable water bottles are not permitted. I acknowledge that the Organiser is entitled to exclude me from the Event should my equipment be identified as in breach of these rules or otherwise unsafe in the opinion of the Organiser until such time as the breach has been corrected.

5.5. I accept responsibility for the condition and adequacy of my equipment and my conduct in connection with the Event. I agree to wear a protective helmet that is a good fit, is free from damage and defects and meets internationally recognised standards such as European CE EN1078 or CPSC at all times whilst riding. I further agree to wear clothing appropriate to the Event and current/forecast weather conditions. This is a multi-day mountain bike event, participants should equip themselves accordingly with all-weather clothing, first aid equipment, tools and materials.

5.6. I agree to read and abide by the rules and information on the Event website and in the Event participant guide, as may be amended from time to time, and all laws including traffic laws. I agree to notify the Organiser as soon as practicable of any issue that I become aware of that could pose a safety threat to me, to other Event participants or to any other person connected with or who may otherwise come into contact with the Event.

5.7. I hereby consent to receive medical care, treatment and transportation that may be deemed advisable in the event of injury, accident or illness to me while participating in the Event. I understand that this authorisation is given in advance of any specific diagnosis, treatment or hospital care being required and is given to provide authority and power to render care which the Event medical team, the Organiser or its agents or employees may deem advisable in the exercise of their best judgement. I agree to be responsible and assume liability for any and all costs incurred as a result of my participation in the Event, not covered by my insurance, including but not limited to, medical care and treatment, ambulance services, hospital stays, and physician and pharmaceutical goods and services. I agree to indemnify and hold harmless the Released Parties from all liability for such costs.

5.8. I agree to start each day of the Event at the start time allocated to me by the Organiser. I understand that I must meet the cut-off times / minimum average speeds specified by the Organiser for each days ride and/or section of each days ride. Should I not meet the specified cut off times / minimum average speeds then I fully understand that at the Event Organisers sole discretion I may be withdrawn from the Event and prevented from continuing along the route. I acknowledge that if I fail to complete a day’s ride I will have no automatic right to continue the Event.

5.9. I agree to observe and obey all posted rules and warnings and to abide by any instructions or directions issued by the Organiser including any decision of an Event official relative to my ability to safely participate in the Event.

5.10. I agree to dispose of any waste packaging, bottles or other items responsibly and not to litter.

5.11. I agree to respect other people, equipment, facilities or property and acknowledge that Event officials may dismiss me, without refund, should my behaviour, in the opinion of the Organiser, endanger the safety of or negatively affect the Event. The Event takes place in public spaces and I agree to ride in a responsible manner so as not to intimidate or endanger other users of these public spaces.

5.12. The Organiser shall create a jury (“Jury”) consisting of three (3) members chosen at the Organiser’s discretion to decide on breaches of Event rules and protests notified to it. “Protests” are breaches of the rules notified by Participants or complaints by Participants against the actions (e.g. sanctions) of Event staff. Protests must be submitted on the same day at the first reasonable opportunity in the Event office and set out in writing with reference to any evidence (e.g. witnesses). The Jury decides on breaches of rules and Protests and the decision, particularly to impose sanctions, is made at the discretion of the Jury. The Jury is entitled to increase sanctions already imposed or to set aside sanctions already imposed or to supplement them with additional sanctions. The Jury deliberates in private in the absence of the Participant involved. The decisions of the Jury are binding, there is no legal remedy against a decision of the Jury. The decision is notified to the Participant no later than at the start of the next day and/or at the end of the Event. Breaches of the rules may result in warnings, being forbidden to continue in the Event until breaches have been rectified or expulsion from the Event, dependent on the seriousness of the breach.

5.13. The Organiser will loan me a timing chip for the duration of the Event and provide a number board both of which must be affixed to myself or my bicycle as instructed at all times. I acknowledge that by picking up my timing chip I am agreeing that I will return my chip to the Organiser on completion of the Event or I will be charged £30.00 for its replacement.

5.14. Should I wish to end the Event prematurely I agree to notify the Organiser as soon as possible either in person by contacting an official or by contacting the emergency number provided.

6. Jurisdiction, Severability etc.

6.1. This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the law of England and Wales.

6.2. If any provision of this Agreement shall be deemed unlawful, void, or for any reason, unenforceable, by a court of competent jurisdiction for any reason whatsoever then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. I expressly agree that to the fullest extent possible, the unenforceable provision shall be deemed modified and replaced by a provision that approximates the intent and economic effect of the unenforceable provision and the Agreement shall be deemed amended accordingly.

6.3. This Agreement constitutes the entire understanding in relation to its subject matter. All other terms, whether express or implied, written or oral, are hereby excluded to the fullest extent permitted by law.

Wales 360

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Stage One Map
Start
Aberystwyth

End
Dolgellau
Distance
90km
Stage Two Map
Start
Dolgellau

End
Betws-y-Coed
Distance
97km
Stage Three Map
Start
Betws-y-Coed

End
Llangollen
Distance
106km
Stage Four Map
Start
Llangollen

End
Welshpool
Distance
88km
Stage Five Map
Start
Welshpool

End
Rhayader
Distance
89km
Stage Six Map
Start
Rhayader

End
Aberystwyth
Distance
82km