TERMS & CONDITIONS
1.1 By submitting your application you are agreeing to register for the event and to abide by these conditions of entry.
2.1 At all times during the event you must adhere to all instructions given by event marshals, volunteers and officials.
2.2 It is your responsibility to ensure that you have the correct equipment that is in a good safe working order and take weather conditions into account when preparing to take part.
2.3 It is your responsibility that you are sufficiently fit and healthy to participate in the events unaided. If you are in any doubt, we recommend that you seek medical advice beforehand.
3. DATA PROTECTION
3.1 You agree that your personal information can be stored and used by the Organisers and their partners in connection with the organisation, staging and administration of events.
3.2 You agree that your name, image and contact details can be used by the Organisers and their partners for the purposes of:-
3.3.1 The promotion and marketing of the event and training;
3.3.2 Adding you to a mailing list to keep you informed about future events.
3.4 The Organisers shall take all necessary steps to ensure that personal information or marketing information pertaining or relating to you which comes into their possession or control shall not be:
3.4.1 Used or reproduced in whole or in part in any form except for the purposes outlined in these conditions.
3.4.2 Disclosed to any person not authorised by you to receive it; or.
3.4.3 Altered, deleted, added to or otherwise interfered with (except where expressly permitted by these conditions).
4.1 The Organisers may cancel the event if circumstances arise beyond our reasonable control. In such circumstances, we will endeavour to communicate to you in advance.
4.2 In the event of a cancellation the Organisers will have no responsibility for any costs incurred as a result of cancellation.
5. USE OF IMAGE
5.1 Photographs may be taken which capture your participation. You agree to the publication of photographs and broadcasts of your image which accurately depict your participation in the event.
6. MEDICAL CONDITIONS
6.1 If you have not exercised before or for some time, you should consult your doctor before taking part in multisports & endurance events.
7.1 In no event shall the Organisers be liable to you, whether for breach of contract, any tortuous act or omission (including negligence) or otherwise, under or in connection with the Agreement for any:-
7.1.1 Loss or damage;
7.1.2 Loss of profit;
7.1.3 Loss of reputation;
7.1.4 Loss of business, revenue or goodwill;
7.1.5 Loss of anticipated savings;
7.1.6 Pledges made on your behalf or by you to charity; or
7.1.7 Consequential or indirect loss, regardless of whether the loss or damage:
(a) Would arise in the ordinary course of events;
(b) is reasonably foreseeable; or
(c) Is in the contemplation of the parties, or otherwise.
7.2 Nothing in this Agreement shall affect the Organisers’ liability for death or personal injury, fraud, or any other liability to the extent it cannot be excluded or limited by law.
7.3 The organizer of the event strongly advises all participants to hold relevant public liability cover whilst taking part in these events.
8.1 The Agreement shall be governed by the Malaysia law, and the parties submit to the exclusive jurisdiction of the Malaysia courts.
8.2 If any provision of the Agreement is invalid or unenforceable, in whole or in part, the validity of the remainder shall not be affected.
8.3 The Agreement does not create, confer or purport to confer any benefit or right enforceable by any person not party to it.
8.4 Participant must inform the organizer of the event of changes in personal contact/address detail in writing.
We are aware that applicants can be injured in training and may need to withdrawal from a race. However, please understand that costs are incurred by the race organiser from the time of your entry being processed. For instance, facilities, services and goods have to be booked and paid for in advance. As such, there is a no refund in the event of withdrawals or cancellations, regardless of circumstances.
If there is bad weather on the day of the event the race organiser reserves the right to change/substitute/ shorten the course to ensure the event runs safely.
If the event is cancelled by the organiser an alternative date will be put forward and competitors can choose to enter for the new date or have a credit toward a future event.
Please note that your order total includes a mandatory processing fee for each event registration.
GRIT TRAIL SERIES WAIVER, RELEASE OF LIABILITY, COVENANT NOT TO SUE & IMAGE RELEASE (THE “WAIVER”)
In consideration of my (“I”, “my” or “myself”) and/or on behalf of my child/ward’s (each a “Ward”) participation as a competitor, volunteer (or other staff member) and/or spectator (any of the foregoing, a “Participant”) in a Grit Trail Series, Grit events, or other event owned, operated, licensed or sponsored by GRIT EVENT MANAGEMENT (any of the foregoing and any ancillary events/activities/operations related thereto, an “Event”), I, on behalf of myself and Ward, acknowledge, accept and agree the following:
(1) The risk of serious injury and/or death from the activities involved participating in any Event, as a Participant, is significant and may include, without limitation, the following: (i) drowning; (ii) near-drowning; (iii) sprains; (iv) strains; (v) fractures; (vi) heat and cold injuries, including burns, heat-related illness and hypothermia; (vii) over-use syndrome; (viii) injuries involving the acts or omissions of other Event participants or vehicles; (ix) animal bites and/or stings; (x) contact with poisonous plants; (xi) accidents involving, but not limited to, paddling, climbing, biking, hiking, skiing, snow shoeing, travel by boat, truck, car or other convenience, falling from heights; (xii) heart attack; (xiii) diseases from exposure to fecal contaminated water or slurry; (xiv) disease or illness, including COVID-19 or any other disease resulting from the SARS-CoV-2 virus, due to exposure to other Participants or a Releasee (as defined herein); (xv) permanent paralysis; and/or (xvi) death. While particular rules, equipment and/or personal discipline may reduce this risk, the risk of serious injury and/or death does exist.
(2) AFTER THE OPPORTUNITY TO FULLY INFORM MYSELF ABOUT THE EVENT, ON BEHALF OF MYSELF AND MY WARD, I (undersigned) KNOWINGLY, VOLUNTARILY AND FREELY ASSUME AND ACCEPT ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OR ACT OR OMISSIONS OF THE RELEASEES, as hereinafter defined, or others, and assume full responsibility and all risks for myself and/or my Ward’s participation in the Event.
(3) I knowingly and voluntarily agree to comply with any stated customary terms and conditions (which have been made available to me) for Participant’s participation in an Event. If, however, I observe an unusual and/or significant hazard during my presence at the Event, I will remove myself or my Ward from participation in the Event and promptly bring such hazard to the attention of the nearest Event official.
(4) COVID-19: By signing this Waiver, I acknowledge the contagious nature of the SARS-CoV-2 virus (the “novel coronavirus” or “COVID-19”) and voluntarily assume the risk that I, on behalf of myself, and, if applicable, my Ward, may be exposed to or infected by the novel coronavirus by attending and/or participating in the Event, and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that (i) my, and if applicable, my Ward’s attendance and/or participation in the Event involves the inherent risk of exposure to the novel coronavirus, and (ii) the risk of becoming exposed to the novel coronavirus or persons with the COVID-19 disease at the Event may result from the actions, omissions, or negligence of myself and others, including, but not limited to, other Participants or any Releasee.
I knowingly and voluntarily agree to comply with and adhere to all necessary and required COVID-19-related safety and risk mitigation practices during my attendance and participation in the Event, whether communicated verbally or in writing. Such practices may include, but are not limited to: (i) recognized social distancing practices (i.e. maintaining 8-feet of space between myself and other individuals); (ii) wearing a proper face mask; (iii) washing hands and/or using hand sanitizer frequently and avoiding touching of the face, and (iv) complying with other applicable governmental regulations. I acknowledge and agree that my, or my Ward’s, compliance with these safety and mitigation practices is not only for my own benefit but also for the benefit of other Participants and the Releasee parties at the Event. I voluntarily and knowingly assume the risk that I, on behalf of myself, and, if applicable, my Ward, may be exposed to the novel coronavirus or persons with the COVID-19 disease as a result from a failure to comply with such practices.
Further, notwithstanding the foregoing, I agree that I, on behalf of myself or my Ward, will neither attend nor participate in an Event if I or my Ward have, in the past 14 days: (i) been tested for or have a suspected or confirmed case of COVID-19; (ii) experienced any symptoms of COVID-19 including, without limitation, fever, cough or shortness of breath; or (iii) been exposed to or in close contact with a person known to have COVID-19 (or any known symptoms thereof).
(5) To the fullest extent permissible by applicable law, I, on behalf of myself, and/or my Ward (if applicable), and our respective heirs, assigns, spouses, partners, personal representatives and/or next of kin, forever WAIVE, RELEASE, DISCHARGE and COVENANT NOT TO SUE GRIT EVENT MANAGEMENT, the venue owner of the Event, and their respective owners, officers, directors, employees, contractors, representatives, agents and affiliates and, as applicable, any direct or indirect parent or subsidiary, predecessor, successor, heir, assign, media partners, associated charity, sponsor or medical providers of any of the foregoing (collectively, the “Releasees”) WITH RESPECT TO ANY SUITS, CLAIMS, OR LOSS AND ALL INJURY, DISABILITY, DEATH, AND/OR LOSS OR DAMAGE TO PERSON OR PROPERTY, IN CONNECTION WITH MY OR MY WARD’S PARTICIPATION IN THE EVENT, WHETHER ARISING FROM THE NEGLIGENCE OR WILLFUL CONDUCT OF THE RELEASEES OR OTHERWISE. I further agree to indemnify, defend, and hold harmless Releasees from any loss liability, cost, claim and/or damages arising from Participant’s participation in or association with the Event, including, but not limited to, reasonable attorney’s fees.
(6) I, on behalf of myself, and/or my Ward, attest and verify that: (i) unless indicated below, I am over 18 years of age and am legally signing on behalf of myself or, if applicable, Ward; (ii) Participant is free from all illnesses (including, without limitation COVID-19), injuries and defects that could interfere with any person’s (including his or her) safe participation in an Event; (iii) Participant is physically fit and sufficiently trained to participate in all activities associated with the Event; and (iv) on the date of the Event, Participant will possess and be covered by medical/health insurance, individually or as part of an organization. I acknowledge that Participant, and I, as Ward’s parent/ legal guardian (if applicable), am aware and informed of the inherent risks in participating in the Event and that Participant’s participation in an Event is entirely voluntary.
(7) I, on behalf of myself, and/or my Ward, consent to administration of first aid and other medical treatment and related services, including evacuation/transport, in the event of injury or illness in connection with participation in the Event and hereby release and indemnify Releasees from any and all liability or claims arising out of such treatment and/or services.. I further consent and agree to obtain, furnish and allow, if required, the use and disclosure of my personal health information by such providers in connection with rendering services and or treatment, and to sign any additional documents that may be requested by such providers, in connection such information or services.
(8) The Releasees reserve the right, in their sole determination, to postpone, cancel, or modify the Event due to factors beyond the control of the Releasees, especially any such factors that might affect the health and/or safety of Participants, including, without limitation, cancellations due to COVID-19 related governmental regulations. Grit Event Management will not be obligated to refund any Participant any registration fees due to a cancelled Event.
(9) I, on behalf of myself, and, if applicable, my Ward, irrevocably grant unlimited permission to Releasees to use, reproduce, sell, disseminate and distribute any and all photographs, images, videotapes, motion pictures, recordings, or any other depiction of any kind of Participant or my or Ward’s participation in an Event or related activity for any legitimate purpose in perpetuity and I understand that Participant will not be entitled to any compensation in connection therewith. I further hereby irrevocably and absolutely grant permission to the Releasees to film, videotape and record the performance of the Participant in the Event and subsequently to telecast, sell, distribute, and otherwise utilize the same in whatever manner Releasees shall deem appropriate. Such permission shall include granting the unlimited and irrevocable rights to Releasees, without compensation of any kind to Participant, to use, reproduce or broadcast, Participant’s name, nickname, image, likeness, voice, photograph, signature facsimile, and biographical information in connection with the Event. I acknowledge that Releasees shall have unlimited right throughout the world to copyright, use, reuse, publish, republish, broadcast and otherwise distribute depictions of or information about Participant and all or any portion of the Event in which Participant may appear on any and all radio, network, cable and local television programs and in any print materials and in any other format or media (including electronic media) now known or hereafter devised in perpetuity and without compensation to Participant.
(10) In consideration and in return for being allowed to participate in the Event, Participant releases and agrees not to sue the Releasees from all present and future claims regarding Participant’s participation in events organized by the Releasees, including the Event, by Participant and his/her heirs, assigns, spouses, partners, personal representatives and/or next of kin.
(11) If any of the provisions of this Waiver is held by a court or arbitrator to be invalid, void, or unenforceable, the remainder of the provisions herein shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. This Waiver is binding on and shall inure to the benefit of the Releasees and me and our respective heirs, personal representatives, executors, successors, and assigns.
(12) This Waiver, and any dispute with respect thereto, shall be governed by and construed in accordance with the laws of the Malaysia
Participant, individually and on behalf of all of her/his heirs, personal representatives, executors, successors and assigns, acknowledges and agrees that any arbitration will be conducted only on any individual, not a class-wide, basis, and that an arbitration proceeding initiated by Participant and/or her/his heirs, personal representatives, executors, successors and assigns, may not be consolidated with any other arbitration proceeding. No findings, conclusions, orders or awards emanating from any arbitration proceeding conducted hereunder may be introduced, referred to, or used in any subsequent or other proceeding as a precedent, to collaterally estop any party from advancing any claim or defense or from raising any like or similar issues, or for any other purpose whatsoever. The principles of collateral estoppel shall not apply in any arbitration proceeding conducted under this section.
Further, Participant, individually and on behalf of all of her/his heirs, personal representatives, executors, successors and assigns, acknowledges and agrees that notwithstanding any provision of law which provides for a longer limitations period, neither Participant nor Participant’s heirs, personal representatives, executors, successors and assigns will bring, commence, or maintain an action or claim of any kind, in connection with liability or obligation in connection with this Waiver, or otherwise, unless brought before the expiration of the earlier of: (i) one (1) year after the date of discovery of the facts resulting in such alleged liability or obligation, or if earlier, the date such facts should or could have been discovered with reasonable diligence; or (ii) eighteen (18) months after the date of the first act or omission giving rise to such alleged liability or obligation. Actions and claims brought or asserted after expiration of the applicable limitations period shall be barred.
I HAVE READ AND FULLY UNDERSTAND THIS WAIVER. I UNDERSTAND THAT I HAVE GIVEN UP, ON BEHALF OF MYSELF AND MY WARD, SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY.