This is the legal agreement for your participation in the “2017 Put Foot Rally Africa”
Whereas the Crew herewith notifies its intention to participate in the 2017 Put Foot Rally Africa.
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 2017 Put Foot Rally Africa
Now therefore the Crew, by appending their signatures (digital or physical) or that of their duly authorized representative hereto, agree to the terms and conditions of the 2017 Put Foot Rally Africa set out hereunder and to participate in the Rally subject to these terms. Each Crew Member shall observe and abide in every respect by the Entry Agreement and Event Rules, and any decision of the Corporation or the Rally 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 “PUT FOOT RALLY”, the Corporation reserving to itself the right to use such other name as the Corporation deems fit upon notification to the Crew. The Crew 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 Crew until such time as the full entry fee is paid.
1. MINIMUM REQUIREMENTS FOR ENTRY:
1.1. Each Crew Member shall be 18 years of age or older, unless accompanied by a parent or guardian, as at 1 June 2017.
1.2. All Crew Members who drive the vehicle holds a valid driving license and any other licenses or permits required to undertake such permitted activities and shall provide the Corporation with certified copies of same on demand.
1.3. Crew shall take out the necessary vehicle, travel, death, accident and health insurance for every Crew Member and a certified copy of such insurance policies shall be provided to the Corporation upon request.
1.4. Crew 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 Rally.
1.5. All Crew Members shall at all times observe and comply with all relevant laws of the country through which they are travelling at the time.
1.6. Crew shall provide branding spaces on the vehicles to be utilized by the Corporation, which shall include but not be limited to:
a. Front door driver’s side in its entirety.
b. Front door passenger side in its entirety.
c. Centre of the vehicle bonnet, a space measuring no less than 800mm x 800mm (32 x 32 inch)
d. Vehicle wing mirrors in their entirety.
1.7. An inspection of the Crews vehicle will take place on the day of Registration. The Rally 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 Rally Director shall allow the Crew to rectify any said reservations to be completed a maximum of one hour before the start of the event.
1.8. Wilful failure to comply with the above will result in the Crew being removed from the Put Foot Rally event.
2. VOLUNTARY ASSUMPTION OF RISK:
2.1. All Crew Members voluntarily assume the risk of participating in the Rally. It is hereof specifically acknowledged that the participation in the Rally is a potentially dangerous activity.
2.2. The risk is further attributed to the physical terrain, the climate, driving conditions, and the use of the vehicle. The Crew acknowledges that they herewith and during the participation of the Rally, 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 Crew Member for death or personal injury, damage to property or other loss or damage of any nature whatsoever suffered by any Crew 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 Crew 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 Rally.
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 Crew and enforced as if incorporated herein.
4. BREACH, NOTICES AND DISPUTE RESOLUTION:
4.1. In the event that any Crew Member of Crew 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 Rally Director shall be entitled to suspend or expel from the Rally, any Crew or Crew Member, impose sanctions or fines on such Crews or Crew 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.
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 Crew in the event that the Crew or any Crew Member commits a material breach of any of their obligation under this Agreement.
5. TERMINATION (REFUND POLICY):
5.1. All entries, participant and/or vehicle, are strictly non-refundable.
5.2. All entries, participant and/or vehicle, are strictly not transferable.
5.3. An entry may not be resold, packaged or advertised, for commercial gain in any way.
5.4. A Crew will only be permitted to participate using a vehicle within the criteria of the vehicle category entered. Crews arriving at the Start Line with the incorrect vehicle shall be removed from the event.
5.5. A Crew will only be permitted to participate after completing registration on Registration Day. Crews failing to complete registration on Registration Day shall be removed from the event.
5.6. All Crews will be required to check-in at each Official Checkpoint. Crews failing to check-in at an Official Checkpoint shall be removed from the event.
5.7. 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 Crews and Crew Members with 14 days notice in writing.
5.8. Should the Corporation terminate the Agreement and not pursue the Rally, then all funds paid to the Corporation will be refunded to the Crew and/or Crew 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 Rally, 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 Rally, that it owns or controls the Rally marks and shall take all measures it considers reasonable during the Rally to protect its rights in the Rally marks from infringement by any third party.
7. CREW REPRESENTATIONS, WARRANTIES AND UNDERATKINGS:
7.1. The Crew and Crew Members undertake that they shall do nothing to damage the Company's rights set out herein.
7.2. The Crew and Crew Members further acknowledge and agree that they shall not obtain any right in the intellectual property rights arising from or in relation to the Rally by virtue of their entry or otherwise.
7.3. The Crew and Crew Members in consideration of the acceptance of the Crew's entry to participate in the Rally by the Corporation, hereby acknowledge and agree that all intellectual property rights arising from and in relation to the Rally, including it's name, logo type, format and films and photographs of the Rally, shall be exclusively invested in the Corporation.
7.4. The Crew and Crew 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 Rally and accordingly the Crew and Crew 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 Crew or Crew Members shall, during the Rally, 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 Rally or seek to exploit any connections therewith.
7.5. The Crew shall permit a Crew Member to film any part of the Rally, 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. FUNDRAISING AND CREW SPONSORSHIP
8.1. The Put Foot Rally is not a charity event. While no part of the entry fee goes towards charity, as part of our objective to "Support Charity", the Corporation may a choose charity to support each year and encourage participants to raise funds to assist the organization(s).
8.2. Crew Members and/or their representatives shall expressly undertake to raise $50 each, for the Corporation’s chosen official charity "The Put Foot Foundation". Any amount raised thereafter may be donated to a charity of the participant’s choice.
8.3. Crew Members failing to raise the minimum amount of $75 for the Corporation’s chosen charity will be removed from the event.
8.4. The Corporation does not intend to govern any or all of the relationships between a Crew or their representatives, and any possible donors, however the Corporation reserves the right to request a detailed account of money raised and the purpose for which it was raised. The Corporation is in no way responsible for any misrepresentations made during or before the commencement of the event by any member of any Crew or such Crew’s representatives as to the purpose for which any particular amount of money was raised.
9.1. Sponsorship agreements as between Crews and, or their representatives and the sponsors themselves need to be cleared and approved by the Corporation not less than 7 calendar days before the commencement of the event.
9.2. Crews may only offer branding to sponsors on the Crew’s vehicle and clothing, except as described in paragraph 1.6 above.
10.1. Only the Corporation may sell or distribute Official Rally merchandise.
10.2. If Crews 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.
10.3. If Crews 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 Crews 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.
11.1. The Crew and all Crew Members acknowledge that a Rally of this nature relies heavily on Media Rights and accordingly each Crew and Crew 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 photograph of the Crew's vehicle, the names and logo types of the Sponsors and Suppliers who appear on the vehicle and the Crew'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.
11.2. For the avoidance of doubt, the Crews shall have no right to approve the use of the rights licensed under this clause 11.
12. OTHER EVENT RULES:
12.1. The Crew shall present Participant Entries for each Member, and a Vehicle Entry at Registration Day.
12.2. A Crew vehicle shall not carry any more people as legally allowed to transport in such vehicle and provided that such Crew have entered into the terms and conditions of entry with the Corporation.
12.3. All Crew vehicles shall be the property and registered in the name of at least one member of the Crew, and the Crew and Crew Members may only make use of a vehicle that meets the criteria of the vehicle class entered.
12.4. All Crew leased vehicles shall be legally contracted with all necessary documentation completed in the name of at least one member of the Crew, and the Crew and Crew Members may only make use of a vehicle that meets the criteria of the vehicle class entered.
12.5. Crew Members acknowledge responsibility for ensuring all required vehicle documentation, including insurance, licenses and any other required documentation have been obtained where required.
13.1. Registration of the Crew and vehicle shall be done on a date to be determined by the Corporation, not less than one (1) calendar day before the commencement of the event.
13.2. The vehicle shall be presented for final registration at the designated point on registration day.
13.3. The Crew shall produce at the registration of the vehicle, valid ownership or rental documents, proof of roadworthiness of the vehicle, vehicle tax documents as might be required and valid insurance documents.
13.4. The Crew shall be responsible for all costs incurred in recovering of its vehicle in the event of the said vehicle breaking down or the Crew retiring from the Rally and each Member of their Crew shall jointly, severally and irrevocably indemnify the Corporation from any liability in respect of any such costs.
14. ROADSIDE ASSISTANCE:
14.1. The Crew and Crew Members accepts that the Corporation will not provide any assistance or advice to Crews during the Crew's journey from the designated starting point to the finishing point. The Crews shall be solely responsible for making all necessary preparations, including route, accommodation bookings, tour and attractions bookings and taking all safety precautions they feel necessary, obtaining all necessary insurance, clearances, visa's and authorizations to complete the event.
15.1. 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.
15.2. The granting by the Corporation of any indulgence in respect of any breach of any term of this Agreement by the Crew, 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 Crew, shall not prevent the subsequent enforcement of that term, nor be deemed a waiver of any breach by the Corporation.
15.3. The Crew 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.
15.4. 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.
15.5. 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.
THE MOUNTAINSHAK VENTURES “SOCIAL ADVENTURING" CODE OF CONDUCT.
Each participant acknowledges our “Code of Conduct” and accept full responsibility for their adventure and commit to promoting goodwill, promoting cultural awareness and tolerance. Crews 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 Put Foot Rally is all about having fun, giving back to those less fortunate and generally having the time 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 Crew 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 Put Foot Rally is presented, envisaged and intended; to promote Africa to the world, acting as Ambassadors for "The greatest road trip adventure on the face of the 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 Crew takes responsibility for their actions and the actions of Each Crew Members at all times which includes embracing and abiding by the following:
• To prove that you can use any vehicle to travel across Southern Africa!
• To prove that travel across Southern Africa is Easy, Safe, Fun and Affordable!
• Giving back through awesome direct, hands-on charity work: gifting young underprivileged children with brand new school shoes, and raising funds for wildlife conservation.
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-Put Foot Rally’ers.
• 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 Put Foot Rally Staff.
• Remember time is not a factor. It is NOT a race.
• Keep your cool; never ever lose your temper.
GAME CHANGERS – ZERO TOLERANCE POLICY:
• Drink-driving or open alcohol in a vehicle.
• 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.