DEFINITIONS: TERMS & CONDITIONS "Applicant" means the person whose name and address is set out in the corresponding Application Form. 1. Fees payable "Application Form" means the application form for entry into the Event. “Audio Visual Presentation” means any presentation in any television, video, Internet or similar digital format and any CD, mini disk, cassette and any other future Audio Visual format or formats. "Contract" means the Application Form, these Terms and Conditions, the Expedition Guidelines and each and every other document referenced herein. “Fees” means the amounts payable by the Applicant to the Organiser pursuant to this Contract (including without limitation, pursuant to clauses 1.1 and 1.2). "Information Pack" means the pack or link sent to the Applicant by the Event Organiser containing all necessary event information. “Media Materials” means: (a) all film, photographs, video footage and other Audio Visual Presentation. (b) all drawings, etchings, painting, diaries, jottings, writing, reportage; or (c) any other artistic work, literary work, dramatic work or musical work, sound recording or film as these terms are defined in the Copyright, Designs and Patents Act 1988; “In Event Film” means all film, photographs or videotape taken or made with photographic, film or video equipment and/or film or tape supplied by or through the Organiser. "Event Organiser" means IGO Adventures Ltd, registered in England and Wales. "Expedition Guidelines" means the code of conduct governing the event, written by the Event Organiser and sent to the Applicant. "Event" means any event organised by IGO Adventures over a route to be specified by the Organiser. 1.1 Registration & Deposit The Applicant shall pay to the Event Organiser an initial non-refundable Registration Fee of £1,000/ $1,000 (according to the currency of the entry fee) per person participating when signing up for the Event (completion of the Application Form). This registration fee will be deducted from the final amount to be paid. The final date for paying the entrance fee will be 2 months before departure for the event. 1.1.1 The applicant cannot use the name; IGO N60°, IGO W114° or IGO NW05° in any form (on website, announcements, brochures etc.) before the Registration Fee has been paid to the Event Organiser and the entry accepted. 1.1.2 The applicant will not have any access to the needed Forms & Guidelines, IGO Preferred Supplier List, Training Courses, Kit Lists or any other information provided by IGO before the registration fee has been paid to the Event Organiser. 1.2 Fees & Deposit The Event entry fees payable may be payable by instalments or as one lump sum as the Applicant wishes provided the balance is received by the Event Organiser before the due date. 2. Correct Information/English Language The Applicant shall confirm that any information given to the Event Organiser is correct when given and that he/she has a good command of written and spoken English. 3. Discretion of the Event Organiser The Applicant understands that the Event Organiser reserves the right to make such changes as the Event Organiser reasonably considers necessary at any time to any or all of the arrangements, services and proposals which may have appeared in brochures or publicity about the Event. IGO ADVENTURES 3.1 The Applicant must be 18 years old by Event start day. If the Applicant will be under the age of 18 years old on Event start day, they must be accompanied by an adult who will be completing the entire Event alongside them. 4. Applicant Agreement 4.1 The Applicant agrees with the Event Organiser as follows: 4.1.1 To provide any information requested by the Event Organiser to determine his/her suitability as an Applicant in the Event. Acceptance as an Applicant is at the sole discretion of the Event Organiser, who will not be obliged to disclose any reason for non-acceptance. 4.1.2 To provide medical information as requested by the Event Organiser who is authorised to disclose such information to any other person as circumstances may require. 4.1.3 To comply with the Expedition Guidelines and the Terms and Conditions contained within this Contract. 4.1.4 To promptly notify the Event Organiser of any reason, medical or otherwise, which would prevent him/her from participating in the Event or which would make it undesirable for him/her to do so 4.1.5 To provide the Event Organiser no later than four months prior to the anticipated date of departure of the Event, a medical certificate confirming that s/he is in a fit and proper condition to undertake the Event, including a recent ECG certificate 4.1.6 To pay his/her contribution towards the price of a team/ individual entry in the amounts and on the dates referred to in the Event Information Pack. 4.1.7 All requested Event documentation must be completed and returned to the Event Organiser promptly and by the due date set; failure to do so may result in the Applicants place on the Event being withdrawn TERMS & CONDITIONS 4.2 The Applicant shall be responsible for ensuring that he/she has a valid passport and such visa's, inoculations and vaccinations as are necessary during the continuance of the Event and shall provide evidence of this to the Event Organisers at least two months prior to the start of the Event. 4.3 The Applicant shall behave in all respects in accordance with the best traditions of sportsmanship and courteous behaviour, and comply with the laws of all countries visited during the process, shall conduct himself/herself properly, shall at no time during the Event Activity be in the possession or under the influence of illegal drugs or alcohol. 4.4 The Applicant shall not act in any way that is likely to bring the name of the Event Organiser, the Title Sponsors involved with the Event or the Event itself into disrepute. 4.5 The Applicant shall: 4.5.1 Partake in the Event fairly and abide by the Expedition Guidelines and the Terms and Conditions. 4.5.2 Punctually attend training sessions and briefings as dictated and required by the Event Organiser. 4.5.3 When requested, wear specified clothing provided by Sponsors at media events, interviews, and when event relevant photographers are present. Additional events when requested to do so by the Event Organiser. 4.6 The Applicant shall be responsible for the cost of: 4.6.1 Taking part in the Event other than those expressly covered by the Event Organiser. (As detailed in the Event Information Pack) 4.6.2 Such personal insurance as the Applicant shall consider is required or, in fact, take out. IGO ADVENTURES 4.7 The Applicant is not allowed to take on the event any equipment of a type banned by the Expedition Guidelines. Breach of this rule, will be treated as a breach of the Contract by the Applicants. 4.8 The Applicant is responsible for the safe keeping of any equipment provided for his/her use during the Event by the Event Organiser. Any defects to this equipment prior to the Event must be reported immediately to the Event Organiser. This equipment must be returned to the Event Organiser at the end of the Event, with a list of any defects. 4.9 The Applicant will be responsible for the tracking beacon throughout the Event. If the tracking beacon is lost on the course or not handed back to the Event Organiser at the finish line, the Applicant will be liable to pay £500. 5. Applicant Withdrawals and Termination 5.1 The Applicant shall be entitled to withdraw from the Event in the following manner: 5.1.1 In writing to the Event Organiser, if withdrawing before the start of the Event, or by handing in their Event Armband to the Event Organiser, once the Event is in progress. 5.2 If the Applicant withdraws his/her participation at any time prior to 12 weeks before Event Start, the Event Organiser will provide the Refund (as per Appendix 1). 5.3 If the Applicant withdraws during the Event no Refund shall be due and the Event Organiser will have no responsibility for any additional costs of repatriation outside the already agreed itinerary. 5.4 The Applicant shall be entitled to terminate the Contract by written notice to the Event Organiser if the Event Organiser is in material breach of the terms of the Contract and fails to remedy that breach within 30 days notice in writing from the Applicant. If the Applicant terminates the Contract pursuant to this clause the Applicant shall be TERMS & CONDITIONS entitled to a refund of all Fees paid by him/her under clause 1.1. 6. Information Updates 6.1 The Event Organiser agrees to keep the Applicant informed at reasonably regular intervals of progress of the arrangements relating to the Event. 7. Termination of Contract 7.1 The Event Organiser reserves the right to terminate the Contract at any time if: 7.1.1 The Applicant fails to make any payment due to the Event Organiser promptly and on the due date. 7.1.2 The Applicant fails to provide information reasonably requested by the Event Organiser. 7.1.3 The Applicant is deemed no longer suitable to be an Applicant by the Event Organiser at the Event Organiser’s sole discretion for any reason, such reasons to include, without limitation, disruptive or difficult behaviour or the potentially putting of the lives and well-being of himself/herself and/or his/her team mates at risk. 7.1.4 The Applicant is in breach of the Contract, including any of the Rules. 7.2 If the Contract is terminated for any of the reasons set out in this clause the Applicant accepts that he/she will still be responsible for the payment of all Fees on the due date for payment thereof and the Event Organiser will have no responsibility for any additional costs of repatriation outside the already agreed itinerary. 8. Proprietary Information & Materials 8.1 The Applicant agrees that all aspects of the business of the Event Organiser and of the Event are the sole and exclusive proprietary information and property of the Event Organiser and shall not, other than with prior written permission of the Event Organiser or the terms of the Contract, be communicated or divulged to third parties. This IGO ADVENTURES includes without limitation, information relating to the Event Training, the Event, the performance of teams, the weather conditions and factual or personal accounts of the Event itself. 8.2 The Applicant must always display the Event Organisers Logo and the Official Event Logo on all marketing materials, websites, clothing, social media channels etc. The full name of the Event must always be mentioned when publishing press in newspapers/magazines/TV/Radio. 8.3 The Applicant must always refer to the Event as by the correct name in all interviews whether vocal or written. 8.4 Any Event Film made by and using equipment supplied by the Event Organiser or Sponsors is the property of the Event organiser and must be returned to the Event organiser on request. 8.5 By this Contract the Applicant hereby assigns to the Event Organiser, absolutely and with full title guarantee, all intellectual and industrial property rights and other rights of a similar nature, which the Applicant may have or may in the future acquire in relation to, or connection with any Media Materials 8.6 The Applicant agrees to execute all documents and to do anything to give full effect to the assignment referred to in Clause 8.8 when requested to do so by the Event Organiser 8.7 The Applicant irrevocably and unconditionally waives all rights including moral rights he/she may have or may acquire in relation to any Media Materials, including the right to be identified as the author or director and to object at any derogatory treatment of any Media Materials. 8.8 The Applicant shall ensure that all materials released or prepared by or on his behalf or with his/her approval in connection with the Event (or which refer to the Event) refers to the Event by its official name. 8.9 At the end of the Event the Applicant will make himself/ herself available for publicity, TERMS & CONDITIONS promotional, television, radio appearances and press announcements. 8.10 Notwithstanding anything to the contrary in the Contract, the parties agree that this clause 8 shall survive termination of the Contract for any reason. 9. Personal Sponsorship 9.1 Without prejudice to the generality of the above, the Applicant may seek personal sponsorship for the Event. The Applicant may display personal sponsors’ logos, decals, banners or flags but these must conform to those guidelines set out in the Expedition Guidelines issued by the Event Organiser or any other documents expressly incorporated herein. 9.2 Wearing of the Event Sponsors’ clothing shall take precedence over personal sponsors’ clothing. The official Event logo and, if requested by the Event Organiser the name and logo of the Event Organiser, must be displayed in the places indicated in the Expedition Guidelines issued by the Event Organiser or any other document expressly incorporated herein. 9.3 The Event Organiser retains the right to veto any proposed personal sponsor of the applicant. 10. Inherent Risks Assumed by the Applicant 10.1 The Applicant acknowledges and agrees that expeditions can be dangerous and that he/she undertakes the Event at his/her own risk. Notwithstanding the foregoing there shall be no liability whatever upon the Event Organiser or any person in its employment (subject to any statutory requirement to the contrary) for death or any personal injury or financial loss directly or indirectly incurred by the Applicant by any other reason whatsoever. The Applicant is invited and advised to take out insurance in respect of such matters so far as they are not compulsorily covered in Clause 11 hereof. 11. Cancellation of Event 11.1 The Event Organiser reserves the right, in an event that it considers necessary to do so, acting reasonably, to cancel the Event or to alter or IGO ADVENTURES reduce the course including the starting and finishing point at any time including the time during which the Event may be underway. The sole decision as to the cancellation, alteration or curtailment shall reside with the Event Organiser and in no circumstances shall the Applicant have any claim arising from such cancellation, alteration or curtailment under this clause other than a claim that arises out of any matter which is a reasonably foreseeable consequence of a breach of this Contract by the Event Organiser or the Event Organiser’s negligence. 12. Force Majeure In the event of the Event failing to start or having started being abandoned before its conclusion or in the event of a Team/ individual withdrawing from the Event, in each case, by reason of force majeure which shall include (but not by way of limitation) outbreak of hostilities, civil commotion, riot, riotous assembly, storm, hurricane, tempest and other acts of God and other supervening impossibilities not capable of avoidance by the Event Organiser, then the Event Organiser shall not be required to refund any monies received under the Contract, not withstanding the provisions of any other terms and condition hereof and the Applicant shall still be liable for the payment of the Fees on the due date for payment thereof. 13. Assignment This Contract is personal to the Applicant and shall not be capable of assignment by the Applicant. 14. EU Data Protection Directive 95/46/EC In entering into the Contract, the Applicant acknowledges that the Event Organiser shall process sensitive personal data within the meaning of, as amended from time to time on the Applicant, and may require transferring this and other personal data outside of the European Economic Area. The Applicant hereby gives the Event Organiser his/her consent to the processing of all the Applicant’s personal data, including the transfer of such data outside of the European Economic Area, for the purposes of the Event. 15. Governing Law The law of The UK applies to this Contract and the parties submit to the exclusive jurisdiction of the UK Courts. TERMS & CONDITIONS APPENDIX 1 IGO EVENT ENTRY REFUND POLICY If a Team/Individual withdraws more than 3 months before the start of the Event, 100% of the Event Entry Fee, excluding the registration fee, will be refunded to the Team/ Individual. If the Team/Individual withdraws between 8 weeks and 12 weeks before the start of the Event 50% of the Event Entry Fee, excluding the registration fee, will be refunded to the Team/ Individual. If the Team/Individual withdraws less than 8 weeks before the start of the Event NONE of the Event Entry Fee will be refunded to the Team/ Individual. If the Team/Individual chooses to pull out of the event within 8 weeks of the start-date, the Team/Individual stands to lose 100% of the total entry fee. If between the Team/ Individual and IGO Adventures, a full-paying replacement Team/Individual can be found, IGO Adventures will refund the original Team/Individual the total entry fee less the non-refundable deposit
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