WAKATI CHALLENGE 2017: ENTRY AGREEMENT
This is the legal agreement for your participation in the “Wakati Challenge 2017”
Whereas the Team herewith notifies its intention to participate in the Wakati Challenge 2017.
And whereas Mountainshak Ventures LLC, a private company duly registered according to the Company Laws of North Carolina and Ohio, and the United States of America, and having its registered office at 131 E McMicken Avenue, Cincinnati, Ohio (referred to herein as the Corporation) will be hosting the Wakati Challenge 2017.
Now therefore the Team by appending their signatures (digital or physical) or that of their duly authorized representative hereto, agree to the terms and conditions of the Wakati Challenge 2017 set out hereunder and to participate in the Wakati Challenge subject to these terms.
Each Team Member shall observe and abide in every respect by the Entry Agreement and Event Rules, and any decision of the Corporation or the Race Director. Annexed hereto is a Code of Conduct which is deemed to be part of the entry agreement and event rules in its entirety.
The Event shall be called “WAKATI CHALLENGE”, the Corporation reserving to itself the right to use such other name as the Corporation deems fit upon notification to the Team. The Team will pay to the Corporation the entry fee when called upon to do so by written notification and after signature of this Agreement. The Corporation shall have no obligations toward the Team until such time as the full entry fee is paid.
1. MINIMUM REQUIREMENTS FOR ENTRY:
1.1. Each Team Member shall be 18 years of age or older as at 1 December 2017.
1.2. All registered Team Members shall hold a valid passport and any other visas or permits required to undertake such permitted activities and shall provide the Corporation with certified copies of same on demand.
1.3. Teams shall take out the necessary travel, death, accident and health insurance for every Team Member and a certified copy of such insurance policies shall be provided to the Corporation upon request.
1.4. Team Members shall and undertake herewith to wear corporate clothing provided (by the Corporation) at all relevant times when attending any promotional activity or other occasion conducted in connection with the Wakati Challenge
1.5. Team Members shall at all times observe and comply with all laws of the country through which they are traveling at the time.
1.6. An inspection of the teams travel documentation and equipment will take place on the day of Registration. The Race Director shall retain the sole right to make known any complaints and/or reservations as to the above. If there are any complaints and/or reservations the Race Director shall allow the Team to rectify any said reservations to be completed a maximum of one hour before the start of the event.
1.8. Willful failure to comply with the above will result in the Team being removed from the Wakat Challenge event, without recourse.
2. VOLUNTARY ASSUMPTION OF RISK:
2.1. All Team Members voluntarily assume the risk of participating in the Wakati Challenge. It is hereof specifically acknowledged that the participation in the Wakati Challenge is a potentially dangerous activity.
2.2. The risk is further attributed to the physical terrain, the climate, driving conditions, the use and condition of available public transport. The Team acknowledges that they herewith and during the participation of the Wakati Challenge, shall expose themselves to high degree of risk of serious bodily injury or death.
2.3. The Corporation, it's members, agents or employees, its partners or sponsors, shall not be liable to any Team Member for death or personal injury, damage to property or other loss or damage of any nature whatsoever suffered by any Team Member.
2.4. The said parties shall furthermore not be liable for any consequential loss whatsoever, whether such loss be attributed to loss of profits, anticipated profits, savings, business or opportunity or loss of publicity or reputation.
2.5. Each Team Member herewith irrevocably indemnifies and holds the Corporation harmless from and against all costs and expenses including all legal costs, actions, proceedings, claims, demands and damage arising from the breach of this agreement.
3. OTHER RULES:
3.1. Because of the nature of the event, it shall be necessary from time to time to address issues which were not foreseen and are not specifically addressed herein and the Corporation accordingly and in an effort to address such issues as quickly and effectively as possible, reserves unto itself the right to exercise and unilaterally from time to time to amend these conditions contained herein, to resolve all queries and issue directions during the Wakati Challenge.
3.2. The Corporation may delegate the rights conferred herein to any member, official or employee of the Corporation.
3.3. Any amended terms shall become binding upon the Team and enforced as if incorporated herein.
4. BREACH, NOTICES AND DISPUTE RESOLUTION:
4.1. In the event that any Team Member or Team, breach the terms and conditions hereof, then and in that event, the said breach shall be resolved by the Corporation's officials for determination as soon as practicable after notice is given of the alleged breach.
4.2. All determinations, decisions and directives of the Corporation's officials shall be final and binding on the parties.
4.3. The parties alleging a breach shall give notice in writing, which may be delivered personally or by e-mail to the Corporation's official e-mail address, where after the Corporation's officials shall determine the breach and/or dispute or complaint by whatever means they deem reasonable, undertaking at all times to afford the parties lodging the dispute or allegation of breach, a reasonable opportunity of responding to all allegations preferred against it.
4.4. The Race Director shall be entitled to suspend or expel from the Wakati Challenge, any Team or Team Member, impose sanctions, penalties or fines on such Teams or Team Members and to make such costs orders as are reasonable and appropriate. The law governing any dispute, whether related to an alleged breach or complaint, shall be the law of Ohio, United States of America.
4.5. The Corporation shall furthermore and in accordance with the procedures set out herein, be entitled at any time to terminate this Agreement immediately, by giving verbal or written notice to the Team in the event that the Team or any team Member commits a material breach of any of their obligation under this Agreement.
5. TERMINATION (REFUND POLICY):
5.1. All entries are strictly non-refundable.
5.2. All entries are transferable to another individual, up to 30 days prior to the event.
5.3. An entry may not be resold, packaged or advertised, for commercial gain in any way.
5.4. A Team will only be permitted to participate after completing registration on Registration Day. Teams failing to complete registration on Registration Day shall be removed from the event.
5.5. All Teamss will be required to check-in Official Checkpoints as directed by the Race Director. Teams failing to check-in as advised shall be removed from the event.
5.6. The Corporation reserves to itself the right to terminate this Agreement in the event that it no longer wishes or is no longer able to stage the event by providing the Teams and Team Members with 14 days notice in writing.
5.7. Should the Corporation terminate the Agreement and not pursue the Wakati Challenge, then all funds paid to the Corporation will be refunded to the Team and/or Team Members, subject to a deduction of $50.00 administration fee.
6. CORPORATIONS REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS:
6.1. The Corporation represents warrants and undertakes that it is has and will continue to have, throughout the Wakati Challenge, full right and title and authority to enter into this Agreement and to accept and perform their obligations imposed on it in this Agreement, to organize, manage and stage the Wakati Challenge, that it owns or controls the Wakati Challenge marks and shall take all measures it considers reasonable during the Wakati Challenge to protect its rights in the Wakati Challenge marks from infringement by any third party.
7. TEAM REPRESENTATIONS, WARRANTIES AND UNDERATKINGS:
7.1. The Team and Team Members undertake that they shall do nothing to damage the Company's rights set out herein.
7.2. The Team and Team Members further acknowledge and agree that they shall not obtain any right in the intellectual property rights arising from or in relation to the Wakati Challenge by virtue of their entry / participation or otherwise.
7.3. The Team and Team Members in consideration of the acceptance of the Teams's entry to participate in the Wakati Challenge by the Corporation, hereby acknowledge and agree that all intellectual property rights arising from and in relation to the Wakati Challenge, including it's name, logo type, format and films and photographs of the Wakati Challenge, shall be exclusively invested in the Corporation.
7.4. The Team and Team Members acknowledge that the Company shall enter into a number of agreements with various third party partners to maximize the Corporation's income for the Wakati Challenge and accordingly the Team and Team Members undertake to co-operate with the Corporation and the said third party partners to so protect the Commercial rights of the Corporation save as permitted by the rights granted to the team. No Team or Team Members shall, during the Wakati Challenge, directly or indirectly allow it's, or his, or her name, image or likeness to be used in an advertising endorsement of any commercial purpose which involves a direct or indirect association with the Wakati Challenge or seek to exploit any connections therewith.
7.5. The Team shall permit a Team Member to film any part of the Wakati Challenge provided that they comply with reasonable directions as to filming made by the Corporation and that the film is made and used only for private use. Any such film shall vest in the Corporation including copyrighting any such film.
8.1. Sponsorship agreements as between Teams and, or their representatives and the sponsors themselves need to be cleared and approved by the Corporation not less than 30 calendar days before the commencement of the event.
8.2. Teams and Team Members may only offer branding to sponsors on the Team's clothing, equipment, and personal social media platforms.
9.1. Only the Corporation may sell or distribute Official Wakati Challenge merchandise.
9.2. If Teams, and, or their representatives should wish to sell or distribute merchandise, they may only do so with the express permission of the Corporation in writing.
9.3. If Teams or their representatives participate in any form of fundraising in aid of, or in association with their participation in the event for the purpose of raising funds towards a particular charity, said Teams or their representatives should undertake to be completely transparent in the process and disclose fully the amount or percentage of the money raised that they intend to donate towards charity. A minimum of 70% of funds raised must be donated to charity, unless otherwise stipulated by the donor in writing.
10.1. The Teams and all Team Members acknowledge that an event of this nature relies heavily on Media Rights and accordingly each Team and Team Member consents on a royalty free basis to the use of their names, initials, nicknames, signatures, photographs, likenesses, voices, quotations, biographical details, fame and reputation, the name and photographs of the Team, names and logo types of the Sponsors and Suppliers who appear on the Team's equipment, and the Team's clothing in all media and in all context for all advertising, promotion, endorsement and/or other purposes of the Corporation, the Corporation's partners and any other approved third parties at the discretion of the Corporation.
10.2. For the avoidance of doubt, the Teams shall have no right to approve the use of the rights licensed under this clause 10.
11. OTHER EVENT RULES:
11.1. The Team shall present Participant Entries for each Member at Registration Day.
11.2. Team Members acknowledge responsibility for ensuring all required documentation, including insurance and any other required documentation have been obtained where required.
12.1. Registration of the Team shall be done on a date to be determined by the Corporation.
12.2. The Team, and all Team Members shall be presented for final registration at the designated point on registration day.
13. EVENT ASSISTANCE:
13.1. The Team and Team Members accepts that the Corporation will not provide any assistance or advice to Teams during the Team's journey from the designated starting point to the finishing point. The Teams shall be solely responsible for making all necessary preparations, including route, accommodation bookings, and taking all safety precautions they feel necessary, obtaining all necessary insurance, clearances, visa's and authorizations to complete the event.
14.1. This Agreement shall constitute the entire Agreement between the parties with respect to subject matter hereof and shall supersede any prior agreements, representations or understanding between the parties, whether written or oral.
14.2. The granting by the Corporation of any indulgence in respect of any breach of any term of this Agreement by the Team, shall not be deemed a waiver of such breach. The waiver by the Corporation of any breach of any term of this Agreement by the Team, shall not prevent the subsequent enforcement of that term, nor be deemed a waiver of any breach by the Corporation.
14.3. The Team shall not be permitted to cede or assign any of it's rights or obligations under this Agreement without the prior written consent of the Company, which consent shall not be unreasonably withheld.
14.4. Rights, remedies and powers conferred upon the parties herein are accumulative and shall not be deemed to be exclusive of any rights, remedies or powers now or subsequently conferred upon them by law or otherwise.
14.5. Dates or periods mentioned in and in terms of which the parties obliged to comply with, shall be determined and interpreted in relation to the time or period being regulated, but generally will be interpreted as being of the essence.
15. ANNEXURE: THE MOUNTAINSHAK VENTURES CODE OF CONDUCT.
Each Wakati Challenger acknowledges our “Code of Conduct” and accept full responsibility for their adventure and commit to promoting goodwill, promoting cultural awareness and tolerance. Teams agree to respect the laws, customs, traditions and people of the Southern Africa, but above all you pledge to look after our treasures; the animals, the flora and fauna and the most beautiful landscape in the world.
The Wakati Challenge is all about having fun, seeing the world, and generally having the adventure of your life. It is not the event’s or its participant's place to pass judgment or comment on politics, religion or the laws of the countries visited during the event.
This Code of Conduct governs each Team Member’s participation in the event. Each person has a duty to remember at all times that the event and its participants are guests in each country visited, and that despite the fact that we may come from across the world, with our own approach to life, personal beliefs and values, that this event is not only about respecting each other, but more importantly respecting the people of Africa and abiding by their beliefs, their rules and ultimately their way of life.
Each participant agrees to take part in the spirit in which The Wakati Challenge is presented, envisaged and intended; to promote Africa to the world, acting as Ambassadors for "The greatest race on Earth" and the greatest continent in the world while displaying a never-ending passion and energy to ‘leaving the world, in better shape than we found it’.
Each Team takes responsibility for their actions and the actions of each of their Team Members at all times which includes embracing and abiding by the following:
• To prove that independent travel is easy, fun, safe and Affordable!
• To prove that seeing the world, with little or no plans, surrounded by your best friends... is what real travel is about!
HOW TO KEEP THE GOOD TIMES ROLLING:
• Participate in the spirit of the event at all times
• Respect your fellow participants
• Respect the right to peace and quiet of non-Wakati Challengers
• Respect the local population, their religious beliefs, customs and traditions
• Respect government officials, civil servants and officials on duty
• Respect and abide by the requests of the Wakati Challenge Staff
• Remember it is an adventure... and a RACE!
• Keep your cool; never ever lose your temper
GAME CHANGERS – ZERO TOLERANCE POLICY:
• Breaking the event rules or cheating
• Any behavior or action that may bring the event into disrepute
• Any damage to property
• Breaking laws of the host country
• Abusive behavior, including intimidation
• Harassment of fellow participants or local population
• Racial / Ethnical / Religious intolerance