Terms and Conditions.
1 General Information
The Gumboot Rally (the “Event”) is NOT a race or a competition. You must NOT compete in any manner with other participants, You must drive safely and with proper courtesy to all other participants and members of the public. If you are seen driving recklessly or otherwise not in compliance with the law by the Organiser, its employees or nominees you will be prohibited from taking any further part in the Event.
2 Entry Fee
The entry fee does not cover any incidentals like Fuel, accommodation, food or any other object/item deemed by the Gumboot Rally Team. You are responsible for paying the entry fee for your vehicle, plus any additional fines which you may incur by the driver or any of the passengers in the vehicle.
3 Age and licence requirements.
You must be 17 or above with a Full New Zealand Drivers licence in order to participate in the Event.
4 Responsibility
The Organiser accepts no responsibility or liability for any of your or your passenger’s actions resulting in damage/injury or any unlawful activity. You will need to have valid and proper insurance for your vehicle. All drivers must carry their full driving license, vehicle must be registered and up to warrant of fitness standards. All information that the Organiser requests from you in relation to your own personal details and those of your vehicle must be accurate and complete in all material respects and by signing this document you agree that it is in its entirety.
5 Conduct
You must conduct yourself appropriately at all times and abide by all the rules of the law and of the venues used during the Event.
6 Personal Acquisitions
The entry fee into the Event does NOT include personal acquisitions, petrol (gas), telephone bills or other expenses, fines of any sort, or damage caused at any venue visited, which you will be responsible for paying.
7 Intoxicating Substances
You must NOT consume alcohol while driving. You must NOT drive under the influence of alcohol or any other intoxicating substance at any time. You must NOT consume any illegal or intoxicating substances at any time during the Event. If the Organiser finds you under the influence of alcohol while driving or attempting to drive or under the influence of any illegal or intoxicating substances the Organiser reserves the right to prohibit you from participating further in the Event.
8 Are you reading this
Change your Facebook/ Instagram profile to a Gumboot Rally logo for the week prior to Gumboot Weekend. tag us and hashtag #Gumbootrallyrule8 for extra points.
9 Indemnify
You agree to indemnify the Organiser, its 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 action or participation in the event, including without limitation, your violation of any laws or regulations or your breach of these Terms and Conditions.
10 Logo And Stickers
You agree to have the “Gumboot Rally logo” and all ‘Official Event Sponsors’ stickers attached to your vehicle during the entire Event. Stickers are non-permanent and easily removable without damaging vehicle finishes. The Organiser will therefore not be responsible for claims for damage to vehicle finishes as a result of the application or removal of such stickers.
11 Promotion and Digital Properties.
Personal sponsorship for an entrant’s vehicle is not permitted without Gumboot Rally Management’s prior consent. The organisers reserve the right to refuse ‘unauthorised’ sponsored vehicles or individuals’ entry to the event. Participation in the event will denote consent to be photographed and to participate in the filming of footage documenting the Gumboot Rally. You hereby grant Gumboot Rally Management permission to utilise and exploit your appearance in any and all manner and media throughout the world in perpetuity. You further agree that we have the sole discretion as to whether any footage in which you appear is actually used by us and that if we do use such footage it may be edited at our sole discretion. You consent to the use of your name, likeness, voice and biographical material about you in connection with footage, publicity and related institutional promotional purposes. You expressly release Gumboot Rally Event Management, its directors, agents and employees from and against any and all claims which you have or may have for invasion of privacy, defamation or any other cause of action arising out of production, distribution, broadcast or exhibition of footage. All photographs and footage arising from Gumboot Rally and all copyright in those photographs and footage will remain the property of Gumboot Rally Management.
11 Refunds
Once the Entry Fee has been paid there are NO Refunds. Deposits will not be refunded. Should you have to withdraw from the event for personal reasons you must inform Gumboot Rally Limited immediately. Your place on the rally is non-transferrable.
12 Violation of Terms & Refusal
If you violate any of the above terms and conditions or refuse to follow the instructions given to you during the Event by the Organiser or any of its employees or nominees, you may be prohibited from further participation in the Event. The Organiser reserves the right to refuse your entry or participation prior to and during the Event at any time and for any reason whatsoever (without being obliged to disclose the reason). In case of the cancellation of the Event or the refusal to allow you to participate further, no refund of the entry fee will be made.
13 Entire Agreement
These Terms and Conditions of Entry, the Waiver and the Entry Requirements Form constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement reached between the parties whether in oral or written from.
WAIVER – RELEASE AND WAIVER OF LIABILITY (The Legal Stuff)
1 Risks Associated with Participation
I acknowledge and realize that participation in an event such as the Gumboot Rally (the “Event”) is potentially dangerous and that there are numerous risks associated with my 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. Further, I fully understand and realize that my participation in the Event may result in serious bodily injury and/or death to myself, or others. I further realize and understand that the route of the Event will require driving on public roadways upon which the hazards of travelling are to be expected.
2 Assumption of the Risks
With full knowledge and understanding of the risks associated with my participation in the Event, I enter the Event voluntarily and fully accept and assume every such risk for loss, damage, or injury (including death).
3 Compliance with Terms and Conditions
I agree to comply with all the Event’s terms and conditions of entry. I acknowledge and understand that the Organiser of the Event will use reasonable efforts to ensure that all other participants abide by the terms and conditions of entry, but cannot guarantee that the participants will abide by these terms and conditions.
4 Release of Liability
In consideration for being permitted to participate in the Event, I hereby waive, release, and forever discharge, for myself, my heirs, executors, administrators and legal representatives, any and all rights and/or claims which I have, may have, or may hereafter accrue to me against the Organiser, its officers, directors, employees, consultants, agents and event sponsors for any and all damages, injuries (including death), and/or claims which may be sustained by me or my vehicle directly or indirectly arising out of my participation in the Event (including the application of emergency or medical services at the Event) even if the damages, injuries (including death), and/or claims are caused by the negligence of those persons listed above. Save that nothing in these Terms and Conditions shall be construed as excluding or limiting the Organiser’s liability for personal injury or death arising from its negligence or the negligence of persons under its control. Further, I covenant not to sue the Organiser, its officers, directors, employees, consultants, agents and Event sponsors for any and all damages, injuries (including death), and/or claims which may be sustained by me directly or indirectly arising out of my 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).
5 Indemnity
I hereby agree to release, defend, indemnify, and hold harmless the Organiser, its officers, directors, employees, consultants, agents, Event sponsors and licensees and assigns from and against any and all claims, demands, damages, suits, liabilities or actions arising directly or indirectly out of my actions or otherwise from my participation in the Event whether made or claimed during or after the Event, including all associated costs and expenses and any amounts which the Organiser may pay as a settlement or compromise of any such claims or liabilities. I have read this waiver, fully understand its terms, and understand that I have given up substantial rights by signing it. I have done so freely and without inducement, coercion, or duress. I intend this waiver to be a complete and unconditional release of all liability to the greatest extent allowed by law. I agree that, if any portion of this waiver is held to be invalid, the balance of the waiver shall continue in full force and effect. Please note that by completing the entry form and accepting these terms and conditions you are concluding a legally binding agreement with us to participate in the Event on these terms and conditions.