A journey of ten thousand miles begins with a single step. Your first step is to sign up for a Charity Rallies account!
TERMS AND CONDITIONS
You agree to enter into this Agreement with Go Help, a registered charity incorporated as a company limited by guarantee in England & Wales, and with registered charity number 1129226 and registered company number 06373076, whose registered office is at 14, The Drive, Loughton, Essex, IG10 1HB, United Kingdom. Go Help may be referred to in this Agreement as "us" or the "Organiser". Together, both you and Go Help may be referred to in this Agreement as "we" or the "Parties".
You wish to participate in the Event as set out in the Event Summary (as defined below) and Go Help will allow you to participate in the Event subject to you entering into the Agreement.
IT IS AGREED as follows:
Just a bit of housekeeping to start off the Agreement, just so everything makes sense. This section tells you where everything is, and what does and what doesn't form part of the Agreement.
Exclusions. Headers and italicised text used in this Agreement do not form part of this Agreement.
This Agreement between you and Go Help has been created to be as easy to understand as possible, and a commentary has been added in italicised text to assist you in understanding the Agreement, should you need it. Do not enter into this Agreement if anything is unclear to you.
Defined terms. Unless defined elsewhere in this Agreement, defined terms shall have the meaning given to them in either the Event Summary, or in the Definitions Schedule to this Agreement (below).
A defined term is a term that is either capitalised, or one that has had a meaning assigned to it by being first used in bold and inverted commas (e.g. "Definition" or "definition"). Should you need to find a definition, it will be available in the Definitions Schedule at the end of the Agreement if it is not defined where first used.
Event Summary. We agree that the Event Summary is incorporated by reference into, and forms part of, the terms of this Agreement. You confirm that you have carefully reviewed the terms of the Event Summary, and that you agree to it.
The Event Summary contains all of the main details relating to the event you are participating in. Please make sure you are happy with all of the details of the Event you are signing up to, including the costs and departure dates.
BREACH OF THIS AGREEMENT
We'll start with the hard part. Please read this Agreement carefully, bearing in mind that if you breach it, we've set out right at the start what the consequences are. Don't tell us you weren't warned!
Sanctions for breach of the Agreement. You agree that, should the Organiser determine (in its sole discretion) that you have failed to comply with any of the terms of this Agreement, this may result in, among other things, the forfeiture of your Entry Fee and your Vehicle Deposit, in you and your Team being expelled from the Event, and in the removal of your vehicle from the Destination Country Admission List.
Our remedies should you not comply with the terms of the Agreement are clear, and they are right at the top of this Agreement to make sure they stay fresh in your mind while you read the rest of this Agreement. Breaching this Agreement will either cost you money, or the chance to take part in the Event. This Agreement sets out very clearly what you can and can't do. If you're not clear at any point during the Event what you need to do, just contact us, and we'll let you know.
YOUR OBLIGATIONS IN TAKING PART IN THE EVENT
This section sets out many of the obligations that will fall on you in taking part in the Event. If you don't agree with any of these obligations, please don't enter in to this Agreement.
Obligations. You agree to the following obligations (the "Obligations"):
Most Go Help Events require you to raise money for charity. The amount of money you are required to raise for charity will be set in the Event Summary. The Fundraising Guide spells out, among other things, how you should fundraise. The Event Guide sets out further details and requirements on the Event. Due to the fluid nature of international politics and other considerations, these Guides may need to be revised from time to time, and so you will need to review them periodically as if you continue to use the Event Website, you will be bound by their terms. Go Help believes in and promotes ethical fundraising. It is really important to us that you are clear and honest in your fundraising. Many of the people donating money to you will be more than happy to donate both to the charities you are supporting, and to cover your expenses, so make sure you ask them, but be perfectly clear when you fundraise where the money is going, and make sure the money goes where you say it goes. This is something Go Help monitors carefully, and takes very seriously. Should you not comply with those obligations, you will be expelled from the Event and you will, at the minimum, lose your Entry Fee.
- Entry fee. You agree to pay the Entry Fee and you acknowledge that your participation in the Event is conditional on your satisfaction of all financial liabilities to the Organiser. You also agree that time is of the essence with respect to your financial obligations under this Agreement. You also agree that any funds you pay to the Organiser (for instance, any Vehicle Deposit you pay) can be used by the Organiser (at the Organiser's sole option) to cover any other financial liability due from you to it. No additional consideration other than admittance to the Event (subject to the terms of this Agreement) is required to be provided by the Organiser to you, and in particular the Entry Fee does not cover any of your own expenses, including among other things, your acquisitions, petrol (gas) or other costs and disbursements incurred by you during the Event.
The charities you support need cash to do the great things they do, and so does Go Help. You need to understand that if you don't pay us what is due, when it is due, then some of the other cash you may have given us may be used to cover the liability (though, of course, not money that is for a designated charity), or failing that, any one of the sanctions set out above may be used against you, including refusing you participation in the Event.
- Team membership. By signing this Agreement, you agree to procure the entry into of this Agreement by any person taking part in the Event with you (each, a "Team Member"). You agree that, should you not procure the entry into this Agreement by a Team Member, then the Organiser may, at its sole option, terminate your participation in the Event. In addition, you agree that you are to be jointly and severally liable, and responsible, for the acts and omissions any Team Member. You further agree that the maximum number of team members shall be five, unless an additional Entry Fee per team member is paid to the Organiser at the rate set by the Organiser.
Why should you take all this responsibility on your own? Your team mates have to sign-up to this Agreement if they want to take part in the Event. Your responsibility is to make sure they do, and you will be held to it.
- Marshal. You are required to provide one volunteer marshal to assist at the launch of the Event on the Launch Date. If you cannot provide a volunteer marshal to assist at launch on the Event Date, you will forfeit a fee of £100 from your Vehicle Deposit to cover the cost of Go Help hiring a replacement marshal.
We need marshals to help make the launch smooth and safe. All you need to do is ask one of your mates to turn up to launch a couple of hours early to help prepare the site, direct traffic, or otherwise assist with launch!
- Participation refusal. The Organiser reserves the right to deny you, any proposed Team Member and your Team entry to the Event or any part of the Event, at any time and for any reason.
Go Help doesn't want Dr. Evil on any of Go Help's events! So if you are thinking of choosing him as a team mate, you may want to think again…Go Help also has a responsibility to protect the Event and the charity itself - so if you do anything that, for instance, jeopardises our reputation, your continued participation in the Event may be terminated.
- No competition. We acknowledge that the Event is not a race or competition, and its performance will not be timed or otherwise measured in any chronological or speed related way. You agree not to compete in any manner with other participants in the Event, other than in raising funds, services in kind or other material goods for charity.
This is an important clause in our Agreement, and is provided for your protection, not ours. You must make sure you comply with it at all times, one of the main reasons being that should you fail to comply with it, you may find any vehicular (or other) insurance you possess being invalidated.
- Not a rally. We agree that the Event is a solo effort. You agree that in undertaking the Event, you will do so alone and will not be driving in convoy or in any other form of organised locomotion with other participants or other people.
Despite the branding of Charity Rallies (which is used because it sounds cool), you are agreeing here that you and your team mates will be driving in the Event alone (i.e. not with any other vehicles). This can be important for your insurers, who may not want to insure you if you take part in such an organised event.
- Compliance with laws. You agree to drive safely and with proper courtesy to all other participants in the Event, and to members of the public. You shall take responsibility for making yourself aware of applicable laws, rules and regulations of the countries which it travels through, including relating to, among other things, road traffic and in particular speed, vehicular safety, and the possession or consumption of alcohol, drugs or other substances, and you agree to abide by them, both in substance and in spirit.
Other rally organisers may adopt a jackass approach to their events - Go Help doesn't. You should have the time of your life during the Event, but please do so ethically and responsibly.
- Road safety. You agree not to drive during the Event if you are unable to do so safely, in particular if your driving ability is compromised by illness, lack of adequate rest, or any other condition. You acknowledge that your driving and conduct will have an impact on the reputation of the Event, on the Organisers, and on yourself.
Please be careful when driving half-way across the world! You will have enough obstacles getting to your destination without creating some yourself!
- Insurance. You agree to review in detail any applicable insurance policies you have which you may claim on during the Event, to ensure you understand the extent and limit of their coverage and your ability to comply with their terms. You agree to procure, for the duration of the Event, insurance sufficient both to achieve any minimum limits set by law which are incumbent on you, and to ensure that you are covered for any finanicial liability, and against any claim that may be brought against you, as a result of your actions while participating in the Event.
This may seem dull. It may also seem like the kind of thing you decide you don't want to do. Please take the time to have a look at your insurance policy, or have someone in your family look at it. You need to make sure you know where you are insured to drive, and in what circumstances. Getting this wrong could prove disastrous for you and for us!
REGISTRATION FOR THE EVENT
Vehicle registration required. You shall not be permitted to take part in the Event unless you have completed the Registration Process on or before the Registration Date. You agree that Organiser may, at its sole discretion, refuse to register a vehicle you propose to use during the Event.
Many of the destination countries to which our events go have certain requirements on vehicle import. Go Help also imposes some of its own to make sure that you are safe and that, if you are donating your vehicle, it is worth something. You agree that you will propose the vehicle you want to take on the Event to us during the registration phase of the Event. However you also agree that it may be refused if it is not appropriate. Take a practical approach. If you want to take a car, propose it to us before you buy it. Give yourself plenty of time before the event to do so. That way, everyone ends up happy.
Documents required. You shall complete the Registration Process by presenting or providing the following to the Organiser in the manner communicated to you by the Organiser, unless otherwise advised:
- a current and valid registration certificate for the Vehicle showing that the Owner is registered as the owner of the Vehicle;
From a practical perspective, it can be difficult crossing certain national borders if the owner of the car is not with it, which is one reason why it must be produced. For vehicles registered in the United Kingdom, the registration certificate is normally a V5C certificate.
- the Vehicle Deposit;
This must be paid before you set-off, and must be made to us with cleared funds. Go Help will let you know which payment systems you can use.
- proof that you have made the minimum donations of Charity Funds as required by this Agreement;
Go Help's system will automatically calculate how much you have raised by adding together what you have raised through Justgiving and offline, however Go Help may require proof of any offline fundraising, for instance.
- a description of the Vehicle make, the Vehicle model, the Vehicle engine size, the Vehicle chassis number, the Vehicle engine number, the Vehicle's country of registration, the Vehicle's registration plate number, the Vehicle's place of manufacture and colour, the date of first registration of the Vehicle and any other details which the Organiser shall communicate to you before the Start Date;
You will be able to enter all of this information in to our online team system.
- your expected arrival date at the border of the Destination Country and the expected date of Delivery in the Destination Country (if you are leaving the Vehicle there);
Go Help need to know when you are arriving so the border authorities can be informed! Again, you will be able to enter this into the online team system.
- if applicable, a written statement signed by the Owner stating that the Team shall re-export their Vehicle from the Destination Country.
This is only really relevant if you are not leaving your Vehicle in the Destination Country.
IMPORTING THE VEHICLE INTO THE DESTINATION COUNTRY
These provisions are mainly intended to protect Go Help during the import process. This is when Go Help is most at risk (for instance if the Vehicle is driven into Mongolia but breaks down and is abandoned, and Go Help is held responsible for it).
Import. The Organiser shall make arrangements with the relevant authorities to allow the Vehicle to be imported into the Destination Country by the Team once the Team has completed the Registration Process.
Go Help will do its part in getting you into the country - please do your part and make sure you give us all the information that is asked for and needed.
No liability for failure to enter. You shall not hold the Organiser liable for the Vehicle being refused entry into the Destination Country, howsoever occurring.
Sometimes things happen that are beyond are control. You are agreeing here that you can't sue us if something does go wrong.
Import requirements. You shall comply fully with the rules supplied from time to time by the Organiser and any relevant authorities for importing the Vehicle into the Destination Country.
Go Help will make you aware of all import requirements in the Event Guide or on the Event Website. Please remember that you will have to comply with these.
Delivery. Unless you inform the Organiser during the Registration Process that the Vehicle shall transit the Destination Country and not be left in the Destination Country, the Owner shall deliver the Vehicle to the Organiser or the Organiser's representative at a location in the Destination Country to be notified to you by the Organiser (the "Delivery"). Should you not inform the Organiser that you intend to transit through the Destination Country, and upon entering the Destination Country cause the Organiser to incur any financial obligation on your behalf, you shall be, at the Organiser's sole option, liable to repay to the Organiser either an amount equal to the financial obligation incurred by the Organiser, or you shall be required to donate your Vehicle to the Organiser or the Orgnaiser's representative (again, at the Organiser's sole option), in the Destination Country.
Go Help will notify you in the Event Guide or on the Event Website where you will need to leave the Vehicle. All you need to do is get there! If you are going to transit through the Destination Country, let us know. If you don't, Go Help may incur an import tax payment on your behalf that will cause you either to become liable for the import tax payment, or you will be require to hand over the Vehicle itself.
Delivery requirements. Upon Delivery:
- Transfer of title. The Owner shall transfer full legal and beneficial title in the Vehicle to the Organiser or the representative of the Organiser;
The Owner will, practically, have to be with the Vehicle so that ownership can be transferred.
- Registration certificate. The Owner shall provide the Organiser or the representative of the Organiser with the original registration certificate for the Vehicle. For a Vehicle registered in the United Kingdom, this shall include the V5C registration certificate.
The transfer of the V5C on the part set out in this document for transfer is the practical mechanism through which transfer will take place. Local laws may require other formalities that you will be advised about in the Event Guide or on the Event Website if they apply.
- Clean state. You shall procure that the interior and exterior of the Vehicle is cleaned to the satisfaction of the Organiser or its representative, failing which the Team shall be liable to a fee for cleaning the vehicle that shall be deducted from the Vehicle Deposit.
After driving half-way across the world, your Vehicle is going to be in a state! Please clean it up before handing it over! If our Mongolian partners have to clean it for you, you'll be charged for it!
- Working condition. You shall procure that the Vehicle is delivered to the Organiser or its representative in a fully functional and roadworthy state that would allow the Vehicle to pass a Ministry of Transport test (MOT test) in the United Kingdom, to be assessed by the Organiser or its representative its sole discretion (the "Vehicle Delivery Standard"). If, upon the Delivery, your Vehicle fails to meet the Vehicle Delivery Standard, you shall be liable to the Organiser for the cost of causing the Vehicle to meet the Vehicle Delivery Standard, and such amount may be withheld from your Vehicle Deposit. Up to 10% of your Vehicle Deposit may be withheld by the Organiser to cover the cost of maintaining the Vehicle to meet the Vehicle Delivery Standard.
Go Help has, in the past, had vehicles donated to it that have been thrashed across 8,000 miles and which are little more than a pile of scrap that will cost Go Help money to dispose of. If you plan to do this, please be aware that your Vehicle Deposit will be used to cover the repair of the Vehicle so that it can be put into a roadworthy state. Up to 10% of your Vehicle Deposit may be used by us to repair the Vehicle if necessary.
- Additional items. You shall provide a written list to the Organiser or the Organiser's representative describing all additional items supplied with the Vehicle, including, for example, spare tyres and tool kits.
This is important, as Go Help needs to keep a record of what you are donating so that it is properly accounted for and included in our inventory of what has been donated.
- Post-delivery obligations. After Delivery, the Owner shall inform the relevant authorities in the country where the Vehicle was registered during the Registration Process, in the manner prescribed by law, and as soon as reasonably practicable, that the Vehicle has been permanently exported to the Destination Country.
In the UK, this will involve you telling the DVLA that your car has been exported. You should do this as soon as you get back to avoid being liable for any tax or other duties on the Vehicle.
- Delivery default. If you fail to comply with the Delivery requirements of this section for the import of the Vehicle into the Destination Country, the Organiser may, at its sole discretion, retain the Vehicle Deposit of the Team.
Basically, if you dump the car somewhere, you may not have your Vehicle Deposit returned to you.
- Failure to Deliver the Vehicle in the Destination Country. In the event that you fail to deliver the Vehicle to the Organiser (assuming you have agreed to do so) once you have entered in the Destination Country, you shall follow the procedures detailed in the Event Guide. Should the Organiser incur a cost in retrieving the Vehicle, you shall be liable for this cost, which may be retained from your Vehicle Deposit.
The Event Guide sets out what you need to do if things go wrong and you can't deliver the Vehicle to us. Please make sure you read this before you leave.
A warranty is essentially a promise. In this section, you are promising to us that, prior to the start of the Event, the statements made below will be true.
You warrant to the Organiser, prior to the Start Date and for the duration of the Event, that:
- you will hold and retain in your possession a current and valid driving license with at least six months remaining prior to its expiration;
- the Owner is a member of the Team, is at least 18 years of age, and is registered as the owner of the Vehicle with the relevant national authorities in the Vehicle's country of registration. The Owner must be the sole legal and beneficial owner of the Vehicle, or, with respect to beneficial ownership, have the right to dispose of the Vehicle as if vested with full legal and beneficial title;
- you will hold a current and valid tax disc (or equivalent vehicle registration tax) and Ministry of Transport test certificate (as administered by the Vehicle and Operator Services Agency, or equivalent if the Vehicle is not registered in the UK) for the Vehicle;
- you will hold current and valid insurance for the Vehicle to cover at minimum third party liability;
- you will hold current and valid medical insurance sufficient to cover yourself for any illness, physical injury, and death and repatriation liabilities;
- no other person other than a Team Member shall drive the Vehicle at any time for the duration of the Event, and that anyone who drives the Vehicle is at all times insured to drive the Vehicle; and
- you have vehicle registration plates for both the front and rear of the Vehicle and that you will endeavour to retain these for the duration of the Event. You acknowledge that a failure to procure and retain such vehicle registration plates may result in delay in entry, or refusal of entry, to the Destination Country.
No Refunds prior to the Event. Once you have signed up and paid your Entry Fee, you may request a refund in full of your Entry Fee up to 14 days after the payment of your Entry Fee, less a discretionary administration cost. Thereafter, no entry fee refunds are given.
Once you sign-up, Go Help incurs certain costs, including administrative time, on your behalf. You need to be sure you want to sign-up, and once you have, Go Help needs to be sure you won't drop out!
Rolling Sign-up. Once you have signed-up to the Event and paid your Entry Fee, if at any point prior to the Launch Date you are not able to participate, upon written request to the Organiser you may defer your entry to the subsequent year's Event. You may only defer your entry once. If no Event is held in the subsequent year, your Entry Fee will be forfeit at the discretion of the Organiser.
PUBLICITY AND SPONSORSHIP, PERSONAL PHOTOGRAPHY AND FILMING
This section sets out how we agree to regulate our relationship with respect to publicity and sponsorship, personal photography and filming.
Use of intellectual property. Upon execution of this Agreement and payment of the Entry Fee, you are granted a non-assignable licence to use the name and logo of the Organiser and the Event. All publicity material you or your Team produce must display the full name of the Event, the Event logo and the web address of the Event Website in accordance with the terms of this Agreement.
Go Help goes to a lot of trouble to put this Event together, so obviously people should know about it! You must put our logo and website on your promotional materials (website, t-shirts, caps, etc.). It doesn't have to be big and fancy, but it does have to be there!
Team publicity. All publicity material you or your Team produce must display the full name of the Event, the Event Logo and the web address of the Event Website.
Go Help needs help advertising the Event! Teams produce amazing public relations materials, it is only fair that you should also promote the Event as well as your team.
Team Vehicle publicity. You and your Team shall display the Event logo and the Event sponsors' stickers attached to the Vehicle for the duration of the Event and in the locations as detailed in the Event Guide. You and your Team are not entitled to deface, cover-up or otherwise obscure such stickers and shall endeavour to keep them clean and visible at all times.
For many of our events, Go Help provides stickers that advertise both Go Help and the charities supported, as well as any sponsors supporting us. Place on your Vehicle therefore needs to be reserved for all of these stickers!
Location of sponsor details. You and your Team shall be entitled to place your own sponsor's name, marks and logos on the Vehicle provided that such sponsor does not conflict with the Event's official sponsors. The Organiser shall be entitled to determine the size and location of the Event sponsor names, marks and logos on the Vehicle. The Organiser reserves the right to require removal of any sponsor materials it deems offensive (in its sole discretion) from the Vehicle.
Go Help needs to make sure its sponsors are happy. You are encouraged to make your Vehicle as cool as possible, but please make sure it is tasteful and will not be offensive in any places you will be travelling through.
Non-commercial Content. You and your Team are entitled to create and distribute Content during the Event for non-commercial purposes.
Go Help recommends you take a good camera with you! Some of the places you will be visiting are very special, and they are so hard to get to you probably won't see them again! Any photos or film you do take, or blogs and articles you write, can only be distributed on a non-commercial basis by you!
Commercial Content. The sale, marketing, distribution or other dissemination of any Content relating to the Event for commercial purposes requires the prior written permission of the Organiser. You agree that should you benefit financially or otherwise from any Content relating to the Event, you shall disgorge all such benefit to the Organiser on demand.
If you are going to make money out of our charity event, you gotta give us a cut! You will have to discuss any such projects with us and agree them in advance.
Supply of Content to Organiser. The Organiser shall have the right to request from you, and upon such a request you shall supply a copy at your own cost, of all Content originating from your and your Team's participation in the Event.
Part of what makes our future events a success are your photos and video! People have to see what an amazing adventure you have to be inspired to do the same. Go Help needs your help to do this!
License grant to Go Help. You retain copyright and any other rights you already hold in Content which you create during the Event. You grant Go Help a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you create during the Event.
Image rights and waiver. You hereby waive any and all rights of publicity or privacy and grant the Organiser and Approved Film Crew 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 agrees that the Organiser and Approved Film Crew have the sole discretion to use or refuse to use any Content in which you or members of your Team appear and that if the Organiser and Approved Film Crew does use such Content, it may be edited at the sole discretion of the Organiser and Approved Film Crew. You hereby consent to the use of you name, image, likeness, voice and relevant biographical material in connection with any and all footage, publicity and related promotional material and for any and all publicity and promotional purposes. You agree that any rights that you may have in the Rally Film or your contribution to the Rally Film are hereby assigned to the Organisers and that the Organiser shall be exclusively entitled to use, or to assign or licence to others the right to use the Rally Film and any recorded material that includes you without restriction in any media through the universe in perpetuity and without liability to you, and you hereby grant any consents required for those purposes. You also agree to allow the Organiser, and any of its assignees or licensees, to use your Content and biographical material in connection not only with the Rally Film, but also in any advertising, marketing or publicity for the Rally Film and in connection with any ancillary products associated with the Rally Film.
If Go Help makes a documentary or promotional materials about the Event, and you appear in it, then this clause gives your consent us to use images of you in our films.
Reliance on consent. You understands that the Organiser and its assignees or licensees are relying upon the consent contained in this Agreement in spending time, money and effort on the Rally Film and your participation in it and in the Event, and that this consent, for this and other reasons shall be irrevocable, and shall survive any termination of this Agreement.
Waiver of claims. You specifically, but without limitation, waive, and agree not to bring at any time in the future, any claims against the Organiser, or against any of its assignees or licensees or anyone associated with the Rally Film, that include assertions of (a) infringement of rights of publicity or misappropriation (such as any allegedly improper or unauthorised use of the your name or likeness or image); (b) damages caused by "acts of God" (such as, but not limited to, injuries from natural disasters); © damages caused by acts of terrorism or war; (d) intrusion (such as any allegedly offensive behaviour or questioning or any invasion of privacy); (e) false light (such as any allegedly false or misleading portrayal of you or your Team); (f) infliction of emotional distress (whether allegedly intentional or negligent); (g) trespass (to property or person); (h) breach of any alleged contract (whether the alleged contract is verbal or in writing); (i) allegedly deceptive business or trade practices; (j) copyright or trademark infringement; (k) defamation (such as any allegedly false statements made in the Rally Film); (l) fraud (such as any alleged deception or purpose about the Rally Film or this Agreement); (m) breach of alleged moral rights; or (n) tortious or wrongful interference with any contracts or your business.
Bottom line - if Go Help makes a film or documentary and you're in it, you can't sue us.
This section sets out when Go Help is liable to you, and when you are liable to us, and contains exclusions and limitations on our liability to you, so please read them carefully.
No liability for refusal of passage. The Organiser accepts no responsibility, and you agree not to hold the Organiser liable, for you, your Team, or your Vehicle being refused passage, entry or exit from any state or country visited during the Event including the Destination Country, and any additional costs and expenses incurred as a result.
There are times that national governments do things that are beyond our control. When they do (or for any other reason) Go Help is not liable to you for this.
Cancellation of the Event. You acknowledge that events may happen which are beyond the control of the Organiser, and given this fact:
- Cancellation. The Organiser may cancel the Event at any time and for any reason, and in particular on the death or serious injury (to be determined at the sole discretion of the Organiser) of one of the directors, officers, trustees, agents, volunteers, representatives or employees of the Organiser, or of one of the Participants in the Event.
- Liability of the Organiser on cancellation. Should the Organiser cancel the Event prior to its Launch Date, the Organiser agrees to repay the Entry Fee and the Vehicle Deposit to the Team less an administration fee of £150 (the "Cancellation Repayment"). You agree that the Organiser's liability on cancellation of the Event shall be limited to the Cancellation Repayment, and you agree in particular that the Organiser shall in no way be liable for any costs, expenses or other liabilities incurred by you in preparing for or participating in the Event. Should the Organiser cancel the Event after its Launch Date, you agree that no refund of the Entry Fee shall be due, and the Organiser shall retain the Vehicle Deposit until it is assured (acting reasonably) that it will not incur any finanical liability towards you as a result of your participation in the Event. You further agree that the Organiser is not required to refund any Charity Funds that you raise for Go Help in the event of a cancellation of the Event.
Go Help may have to cancel the Event. That would suck. Go Help won't be liable for any of the costs you have incurred though.
Force Majeure. The Organiser shall not be liable for any loss, costs or expenses incurred by you, and shall not be liable to repay any funds such as your Entry Fee or Vehicle Deposit, if the Organiser cannot fulfil its obligations under this Agreement due to fire, earthquake, epidemic diseases announced by the World Health Organisation, cyclone, flood, aridity, strike, lightning, war, civil war, revolution or conflict in the Destination Country or any other country en route to the Destination Country, terrorist activities and similar troubles, blockade, embargo, confiscation and expropriation. You agree not to hold the Organiser responsible if it is not possible for the Organiser to fulfil any one of its obligations under this Agreement, or if a delay occurs in fulfilling its obligations due to any reason or situation beyond its will power and control, including but not limited to the instructions of any relevant official, institution, municipality or other office, or the provisions of law, regulation and statute.
If any of the events referred to above, known as "force majeure", which basically means "forces beyond our control" occur, which causes a cancellation or delay in the Event, then Go Help are not liable to you for this.
Indemnity. You shall indemnify the Organiser, its trustees, 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 or your Team's action, entry to or participation in the Event, including without limitation, any breach by you or your Team in the Destination Country or a country en route to the Destination Country, or your breach of any of your obligations under this Agreement.
Basically, if you do something that gets us sued or costs us money or causes any other form of loss to us, you have to cough up the cash to cover the costs Go Help incurs either defending any action and judgment against it, or in repairing or reinstating any damage you have caused it.
Risks associated with participation. You acknowledge and realise that participation in the Event is potentially dangerous and that there are numerous risks associated with its 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. You acknowledge that you fully understand and realise that participation in the Event may result in serious bodily injury and/or death to you or your Team members, or others. You acknowledge and understand that the route of the Event will require driving on public roadways which are potentially highly dangerous. Further, you acknowledge that participation in the Event may require strenuous physical exertion, including the risk of driving through inclement weather and hazardous terrain and that you do so at your own risk.
Without stating the obvious - driving half-way across the world is more dangerous than sitting at home watching TV. You acknowledge this is the case and you undertake the Event at your own risk.
Assumption of risk. With full knowledge and understanding of the risks associated with the participation in the Event, you hereby enter the Event voluntarily and fully accept and assume every such risk for loss, damage, or injury, including death.
This clause does what it says on the tin. Don't enter into this Agreement if you don't agree that you are liable for the risks you will incur.
No reliance. You agree that you have not relied on Go Help or any of its trusteees, directors, officers, volunteers, agents or other persons associated with Go Help in making any of the decisions related to the Event, including, in particular, your choice of route for the Event;
You are responsible for researching the Event, evaluating the risk involved in taking part, and in choosing the route, vehicle, and all other aspects of you're participation.
Release of Liability. In consideration for being permitted to participate in the Event, you hereby waive, release, and forever discharge, from any and all rights and/or claims which you, your heirs, executors, administrators and legal representatives have, may have, or may hereafter accrue against the Organiser, its officers, trustees, directors, employees, consultants, agents, representatives and event sponsors for any and all damages, injuries (including death), and/or claims which may be sustained by you or your Vehicle directly or indirectly arising out of your participation in the Event (including the application of emergency or medical services during the Event) even if the damages, injuries (including death), and/or claims which are caused by the negligence of those persons listed above (or otherwise), save that nothing herein shall be construed as excluding or limiting the Organiser's liability for personal injury or death arising from its gross or wilful negligence or the gross or wilful negligence of persons under its control. Further, you covenant not to sue the Organiser, its officers, trustees, directors, employees, consultants, agents, representatives and Event sponsors for any and all damages, injuries (including death), and/or claims which may be sustained by it directly or indirectly arising out of its 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).
This clause waives any liability Go Help may have to you, and operates in most circumstances. If you don't want to waive any liability Go Help may have to you, then don't enter in to the Agreement.
These provisions below are known as "boilerplate" provisions, but they are nevertheless important. Please make sure you read them.
Rights of third parties. A person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
The Act above gives, in certain circumstances, rights to third parties to enforce provisions of this Agreement when they are not a party. We agree that the Act does not apply to this Agreement.
Remedies. A delay in exercising, or failure to exercise, any right or remedy under this Agreement does not constitute a waiver of such or other rights or remedies nor shall operate so as to bar the exercise or enforcement thereof. No single or partial exercise of any right or remedy under this Agreement shall prevent further or other exercise of such or other rights or remedies. The rights and remedies contained in this Agreement are cumulative and not exclusive of any rights and remedies provided by law.
This clause provides that Go Help can exercise its rights and remedies under this Agreement, or fail to do so, without prejudicing those rights and remedies, or other rights and remedies, available to us either in the Agreement or at law.
Time of the essence. Time shall be of the essence of this Agreement, both as regards the dates and periods mentioned and as regards any dates and periods which may be substituted for them in accordance with this Agreement or by agreement in writing between the parties.
This means that, if there is a time by which something in this Agreement has to be done, it has to be done by that time.
No restriction. Nothing in this Agreement shall operate to exclude or restrict any liability of any person for fraud.
Pretty simple. We may be liable to each other in the event of fraud.
Further assurance. The Parties agree that they shall, at their own cost, now and at any time in the future, do or procure the doing by a third party of all acts and/or execute or procure the execution of all documents in a form satisfactory to the other Party reasonably within its power and as may be reasonably requested of it required to give full effect to this Agreement.
This means that, should it be needed, for instance, to have you sign a hard copy of this Agreement, or do anything else to make sure it is valid and binding, you agree to do so.
Counterparts. This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall constitute an original of this Agreement, but all the counterparts shall together constitute one and the same agreement. No counterpart shall be effective until each Party has executed at least one part or counterpart.
This means that we don't all have to sign on the same page. Given that we're signing digitally, that's a good thing!
Entire agreement. This Agreement (taken with the documents referred to herein) constitutes the entire agreement and understanding of the parties in relation to the subject matter of this Agreement. No party has entered into this Agreement in reliance upon any representation, warranty or undertaking by or on behalf of the other party which is not expressly set out in this Agreement.
If it isn't in here, or referred to in here - then we are not agreeing to it. Make sure everything you think you're agreeing to is in this Agreement.
Team Liability. You and each Team Member is jointly and severally liable for the actions of the Team and of each Team Member.
This keeps everyone honest - you are liable for any acts or omissions to us of your team-mate. Bear that in mind when choosing your team mate!
Governing law. This Agreement is governed by, and shall be construed in accordance with, the laws of England and Wales. In the event of a dispute, the parties agree to submit to the exclusive jurisdiction of the English Courts.
Ah England. Land of Hope and Glory. Long live the Queen!
The terms below shall have the following meanings in this Agreement:
"Authorities" means the government authorities and any other organisation that assists the Organiser in arranging for the import of the Vehicle into the Destination Country.
"Approved Film Crew" means any film crew which has been given permission by the Organiser to film or photograph the Event.
"Content" means data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images created by you or your Team during the Event.
"Destination Country Admission List" means the list of Vehicles submitted by the Organiser to the relevant authorities in the Destination Country listing those Vehicles the Organiser deems in its sole discretion should enter the Destination Country.
"Event Summary" means the information provided during the Registration Process on the Charity Rallies website.
"Fundraising Guide" means the fundraising guide published on the Event Website under the title "Fundraising Guide" and updated from time to time by the Organiser.
"Event Guide" means the event guide published on the Event Website under the title "Event Guide" and updated from time to time by the Organiser.
"Owner" means the member of the Team who is registered as the owner of the Vehicle with the relevant governmental authority in the Vehicle's country of registration.
"Rally Film" means any film made by the Approved Film Crew.
"Registration Process" means the registration of the Vehicle and the Team with the Organiser in accordance with the Organiser's instructions.
"Team" means you and any person who enters into this Agreement with the Organiser with the stated intention of participating with you in the Event by travelling, or attempting to travel, in the Vehicle to the Destination Country, to raise money for charitable causes.
"Vehicle" means the vehicle which the Team shall use to take part in the Event and which has been registered with the Organiser.
"you" and "your" means the person whose name and birthdate are set out in the execution block to this Agreement
You agree that you have read the Agreement above in full and the waivers it contains, you fully understand its terms, and you understand that you have given up substantial rights by agreeing to it, that you have done so freely and without inducement, coercion, or duress, and that you intend this Agreement to be a complete and unconditional release of all liability of the Organiser to the greatest extent allowed by law. You agree that, if any portion of this waiver herein is held to be invalid, the balance of the waiver shall continue in full force and effect.
By clicking on the 'I Agree' button below you agree that you understand and agree to the information above.
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Posted May 25th, 2015 by admin & filed under Uncategorized.
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