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Agile Sports Terms and Conditions

 

 

We are Agile Sports, a Private Limited company based in South Africa. We are registered under the following registration number 2020/676140/07

 

 

Registration in Agile Sports Events

 

 

By completing an Entry Form and registering for an Event, you acknowledge your understanding and acceptance of these conditions, any further terms and conditions provided to you by us in respect of the Event from time to time, the Rules, and any instructions given to you by the organisers and officials at the Event (together, the “Conditions”).

 

 

Additional Conditions when Signing up Minors

 

 

If you are a Minor, the parent/guardian of a Minor will sign and agree on these conditions as set out and shall take full responsibility on your behalf.

 

 

Payment and Registration Details

 

 

You shall not be entitled to participate in our Events unless you have completed our entry form and made all payments as per date provided.

 

 

In consideration for being granted the right to attend/participate in the Event, you must, where the Event is not free to attend/participate, pay (or, where someone is acquiring entry into the Event on your behalf, the individual/charity acquiring on your behalf must pay) the Event Fee on the date of completing the Entry Form. You will not be eligible or entitled to attend/participate in the Event until the Entry Form has been completed in full and submitted and full payment of the Entry Fee has been received by us.

 

 

You confirm that the email address and personal details you provide to us are all accurate, correct and up to date.

 

 

Cancellation of the Event by Agile Sports

 

 

We reserve the right to cancel the Event if:

 

 

(a) circumstances beyond our reasonable control arise which affect the safety and security of the participants and/or spectators or affect our ability to hold the Event, including, without limitation, war, civil or political unrest, terrorism or inclement weather conditions; or

 

 

(b) before the Event Date we have not, in our sole discretion, received enough applications to ensure that there are enough attendees/participants to make the Event economically viable.

 

 

Where practicable, we will provide written notice of cancellation to the email address we hold for you. In the event notice by email is not practicable due to timescales we will use reasonable endeavours to provide other suitable methods of notice including text message, updates to our website and social media etc.

 

 

In the event of cancellation of the Event you may receive a refund of the Event Fee, but any such refund will be at our sole discretion (acting reasonably). We will not, under any circumstances, be responsible for travelling or associated expenses.

 

 

Changes to the Event by Agile Sports

 

 

We reserve the right to make any amendment to the Event (including but not limited to (as applicable) the Venue, the software, the course and the route) that we deem necessary in order to stage the Event. Any changes to the Event will be communicated to you at the Event or sooner if practicable.

 

 

If the Event is advertised at a specific distance/format/duration but we are required, or decide, to reduce the mentioned then the Event shall take place anyway. You acknowledge and confirm that you agree to any such amendment to the Event and that your booking is not cancellable or refundable due to such a change to an Event.

 

 

If we change the Event Date from that advertised at the time you submit the Entry Form, we shall notify you of such change in writing. If you are unable to attend the Event on the new Event Date or do not wish to accept the place, you may receive a refund of the Event Fee, but any such refund will be at our sole discretion (acting reasonably). We will not, under any circumstances, be responsible for travelling or associated expenses, or any other losses you incur as a result of the Event Date changing.

 

 

Your Participation/Attendance at the Event

 

 

We, our representatives at an Event and/or staff at the Venue/Online Platform may prohibit or ask anyone to cease attendance/participation in the Event and/or immediately remove anyone from the Venue/Online Platform, if they believe:

 

 

(a) such person has disobeyed and/or breached, as relevant, any applicable Conditions, directions, instructions, decisions, or laws; or

 

 

(b) such person’s behaviour endangers safety or may damage or harm the environment, cause offence, otherwise cause a risk or potential risk to health and safety, or is otherwise inappropriate for the Event or Venue; or

 

 

(c) such person failed to arrive at the Event at the specified time or location; or

 

 

(d) such person is unfit to attend/participate in the Event due to the excessive consumption of alcohol or drugs. You agree to take full responsibility for any alcohol or drugs that you consume at the Event; or

 

 

(e) such person enters the Venue with contraband goods and/or prohibited articles including but not limited to illegal drugs, knives, guns and other types of weapons;

 

 

(f) such person is unfit to participate in the Event due to an injury or illness; or

 

 

(g) such person is unable to make sufficient progress in the Event to allow them to complete the Event in line with timelines set by Event officials (whether advertised or not).

 

 

If you are refused entry to the Event or we ask you to cease attendance/participation in the Event: (i) you must remove any of our merchandise from the Event and return them to an Event official; and (ii) you will not be entitled to a refund.

 

 

Cancellation/Withdrawal/Disqualification

 

 

The Entry Fee is non-refundable and your entry into the Event cannot be deferred or transferred. If you are unable to attend/participate in the Event for any reason you will not receive a refund of the Event Fee, and/or any other costs you have incurred in connection with your entry into the Event. This includes penalties for Administration fees and all merchandised received for event.

 

 

If you have been disqualified from event or you withdraw you may be suspended from all Agile Sports events up to 12 months.

 

 

Your Personal Information

 

 

You agree that we can use the personal information that you provide to us when registering for or in connection with the Event (and parent/guardian’s name where applicable):

 

 

(a) in the case of an emergency - the emergency contact details and medical information you provided may be used to allow medical assistance to be given to you.

 

 

(b) to store, use, and share with group companies and partners, in connection with the Event. When you submit personal information to us, we may use it to contact you, and we may provide it to certain third parties, for marketing or promotional purposes.

 

 

(c) to compile reports on results of the Event to be published to the governing body or any affiliated organisation for the purpose of insurance, permits or for any other purposes so required.

 

 

(d) to publish the Event results on our website/social media after the Event.

 

 

You have the right to ask us not to process your personal data for marketing purposes and you may always opt-out of receiving future e-mail messages and newsletters from us or request that your information be removed from your website or corrected by emailing us at info@agilesports.co.za

 

 

Photographs and Imagery

 

 

The Event may be recorded, and videos, photographs and other recordings may be taken, where you may be captured participating in the Event. You agree to the publication of such photographs, videos, recordings, and/or likenesses of you (whether edited, adapted, modified or copied) and their use by us and those authorised by us, without prior notice or compensation, in any way which we may see fit now or in the future including but not limited to film, broadcast, radio, TV, publications, future events and publicity. You acknowledge that we have the full right to sell and/or profit from the commercial use of such photographs, motion pictures, recordings, and/or likenesses of you.

 

 

Any audio, visual, or audio-visual recordings that you make of the Event or any part of it are for personal use only and cannot be published or used for any commercial purpose without our prior written consent.

 

 

Social Media

 

 

All participants must refrain from any negative/inappropriate comments that could lead to damage of event, our partners, sponsors. Any grievances or concerns must be address to us in writing.

 

 

Participants as per instruction from tournament coordinator or Agile Sports must promote the event, its partners and sponsors in a professional manner always. This includes sharing of event details, posting links and posters and promoting the sponsors.

 

 

Sponsors

 

 

From time to time players may have own sponsors, no sponsor may be advertised, this includes but not limited to Logo on shirt, backdrop posters, if you have not received written consent from Agile Sports.

 

 

Event Rules

 

 

Each event will have a separate set of rules and requirements that will need to be complied with. This includes but is not limited to equipment, internet access. You will be notified of all such requirements on acceptance of entering the event.

 

 

Your Safety at the Event

 

 

You acknowledge and understand that the Event may be potentially hazardous and that admission to any Venue and/or participation in any Event is at your own risk.

 

 

You acknowledge that the Event may involve strenuous physical exercise, loud music or other factors which could involve personal risk and you fully understand and accept that: (i) your participation in the Event may result in serious bodily injury and/or death to yourself or others; (ii) the Event may be held on public roads and facilities/areas open to the public during the Event and upon which hazards are to be expected; and (iii) where the Event involves strenuous physical exertion you may be required to be active for very long periods of time, including through inclement and/or very hot weather.

 

 

You should not enter and participate in the Event unless you are medically able and properly trained and it is your responsibility to monitor your own physical condition throughout the Event. If you are acting as a Guide Participant you shall also be responsible for the safety of the Assisted Participant you accompany. If you are participating in an Event with a Minor, you shall also be responsible for monitoring the Minor.

 

 

You warrant to us that on the Event Date you will be in good health and in proper physical condition to safely participate in the Event and that you are aware of the risks of participating in the Event. If you are in any doubt we recommend that you do not attend the Event and seek medical advice.

 

 

You acknowledge and agree that:

 

 

(a) you will adhere to the Rules and all instructions always given by Event officials.

 

 

(b) you will always comply during the Event with all applicable South African laws.

 

 

(c) you will comply with any codes of practice or guidance relevant to the Event.

 

 

(d) you will stop and assist any other participants/attendees of the Event in need of medical attention and alert an Event steward as soon as possible;

 

 

(e) where the Event is outdoors you recognise that that it may take place in varied or adverse weather conditions. You are expected to prepare yourself for the conditions of the day accordingly;

 

 

(f) you agree not to drop litter on any part of the Venue or surrounding areas;

 

 

(g) you shall not bring any non-service animals to the Venue;

 

 

(h) you shall not use any artificial aid during your participation in any course at the Event;

 

 

(i) you shall not use any non-medically necessary wheeled equipment, or any other item that could potentially inhibit the flow or safety of other participant, during your participation in any Event; and

 

 

(j) you shall not wear any clothing or use any equipment that may pose a risk to yourself, other participants, spectators or personnel.

 

 

You consent to medical care and transportation in order to obtain treatment in the event of injury to you and waive any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury. You understand that no medical care may be available, but if it is, you assume liability for any and all medical expenses incurred as a result of your participation in the Event and any treatment you may receive. You acknowledge and understand that it is your personal responsibility to arrange for insurance cover for the Event if you wish to be covered by insurance. We will not provide insurance cover for your participation in the Event.

 

 

You acknowledge and understand that it is your personal responsibility to advise us of any medical conditions in writing. We will not be liable to you for any loss, damage or mis-treatment/mis-diagnosis that may result from any such information being inaccurate, misleading or incomplete. This medical information will only be used by us to assist in the giving of medical treatment, if required, during the Event.

 

 

Your Personal Belongings

 

 

We accept no responsibility for the loss of, theft, or damage to any property owned by or under the control of you which you bring to the Venue. You are solely and personally responsible for the safety of your belongings.

 

 

Commercial Activities at our Events

 

 

You cannot carry out commercial, promotional and/or trading activities at, or in association with an Event without express prior written permission from us (or the Venue operator).

 

 

Our Responsibility for Loss or Damage Suffered by You

 

 

Limitation of Liability

 

 

Agile Sports, its affiliates, officers, directors, employees, agents and/or representatives will not be liable to you for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost profits (regardless of whether we have been notified that such loss may occur) by reason of any act or omission in our provision of site under these terms. You understand that this paragraph shall apply to all content and services available through the site.

 

 

Indemnification

 

 

You agree to indemnify and hold harmless Agile Sports, its affiliates, officers, directors, employees, agents and/or representatives and all other persons associated with the Event from any and all liabilities, penalties, claims, causes of action and demands brought by third parties and arising out of your acts or omissions (including the costs, expenses and attorney’s fees on account thereof) whether based in contract or tort (including strict liability) and regardless of the form of action.

 

 

Waiver

 

 

In consideration of your acceptance of your entry in the Event, of your free will, you, for yourself, your heirs, next of kin, executors, administrators, successors, assigns and personal representatives, hereby:

 

 

(a) forever waive, release and give up all claims, demands, liability, damages, costs, expenses of any kind whatsoever and you agree not to sue Agile Sports, its affiliates, any events partner, any sponsor, ambassador, organizer, volunteer, volunteer organization, co-participant, contractor, subcontractor or administrator of Agile Sports events, or any officer, director, employee, representative, agent, contractor or subcontractor or of any of the foregoing with respect to any claim that may arise in connection with Agile Sports events or any related activity or your participation therein, including any and all claims of death, disability, personal injury, property damage, property theft; and

 

 

(b) indemnify and hold harmless the entities or persons mentioned in this paragraph from any and all liabilities or claims made by other individuals or entitles as a result of any of your actions during the Event.

 

 

You acknowledge that this athletic event is an extreme test of a person's physical and mental limits and carries with it the potential for death, serious injury and property loss. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of athletes, equipment, traffic, actions of other people including, but not limited to, participants, volunteers, spectators, coaches, event officials, and event monitors, and/or producers of the event, and lack of hydration.

 

 

You certify that you are physically fit, have sufficiently trained for participation in the Agile Sports events and have not been advised otherwise by a qualified medical person. You understand that no warranty is made concerning the safety of the Event or that of the locales where they are run and that traffic control terminates based on a pre-specified time. You hereby assume all risk in connection with your participation in the Event, including traveling to or from the Event, even if caused in whole or in part by the negligence or other fault of the parties or persons you are hereby releasing, by the dangerous or defective condition of any property or equipment owned, maintained, or controlled by them and/or because of their liability without fault. You fully understand you are forever giving up, in advance, any right to sue or make any claim against the parties you are releasing if you suffer such injuries and damages, even though you do not know what or how extensive those injuries and damages might be, and are voluntarily assuming the risk of such injuries and damages.

 

 

If you are a minor then the parent/guardian that is required to confirm participation on your behalf gives permission to a designated personal, or emergency service providers to provide you with medical attention in the case of an injury or medical problem during your participation in the Event. Such parent/ guardian also agrees to all other Waiver terms herein. you hereby consent to receive medical treatment that may be deemed advisable in the event of injury, accident and or illness during the Event.

 

 

You understand that at the Event, you may be photographed and filmed. you agree to allow your name, photo, video or film likeness to be used for any legitimate purpose by Agile Sports and its affiliates, producers, partners, sponsors, organizers and or assigns. This Waiver shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.

 

 

You agree to abide by all of Rules, If you do not abide by these rules, then you understand you could be penalized.

 

 

Conduct

 

 

All participants must at all time provide professional conduct, this includes on social media/public eye and during the event. During the event no swearing or abusive behaviour towards equipment/opponent or anyone else will be tolerated. You will be removed from event.

 

 

Time Keeping

 

 

Our events run on a time schedule, so no late coming will be tolerated and you will be removed from event if you do not comply with the timelines.

 

 

Tournament Rules and information

 

 

It’s the responsibility of each participant to make sure they read and understand all the tournament rules and information before the tournament commences. Agile Sports do have the right to make changes, it will provide changes in writing.

 

 

Any participant failing to comply with the rules or information provided may be removed from event.

 

 

Updating of Information

 

 

It is the players responsibility to register and update all the information on www.agilesports.co.za. For each tournament the player acknowledge that the information is still accurate. If information is not correct and result in a loss for a player due to negligence, Agile Sports cannot be held accountable.

 

 

Prizes

 

 

For any tournament you will receive the funds/prizes within 7 days of completion of tournament into the nominated account. Agile Sports will however keep the winner updated

 

 

Court Ruling

 

 

 

 

 

 

If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

 

 

Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

 

 

 

 

 

Thank you for visiting our Website.

 

 

 

 

 

Agile Sports reserves the right to make changes to these Terms and Conditions and you should check back from time to time to ensure you are aware of any changes. Your continued use of this Website and participation in our events will demonstrate your acceptance of these changes.