DISCLAIMER NOTICE

(“the Notice”) – IMPORTANT

Before entering into an agreement with any potential participant (“you”) interested in participating in the Cyclone Race taking place at the Horsham Rugby Football Club (the “facility”), Hammerpond Road, Horsham, RH13 6PJ (the “Event”), Horsham Fitness Limited, a company registered in England with company number 13777296 and its registered office at 57 Station Road Horsham, West Sussex, RH13 5EX (“Horsham Fitness” or “we” or “us”), being the organiser and hosts of the Event, informs you as a potential participant in the Event and as a party to this agreement, about the Event and the typical risks related to such an Event.

Please read this Notice carefully and ensure you understand its terms.


The Event:

The Cyclone Race is physically challenging and carries with it risks that Horsham Fitness cannot entirely eliminate. It is a mass-participation sports event that is held outdoors with up to 200 participants and a number of spectators. The format of the Event can be found at https://cyclonerace.co.uk/rules/. You will be competing either individually or in a pair. Besides the main fitness race, the Event comprises other activities both before and after the race including but not limited to the provision of a warm up training area, briefings and award ceremonies. You will be starting in wave intervals with up to 16 participants per wave at 20 minute intervals. The competition area is reserved for participants only, separated from spectators and subdivided in relation to the individual workouts and the running route. The Event will be recorded live in the form of images, audio and audio-video for reporting and marketing purposes

1. Disclaimer for personal injury or death (participation in the Event)

Personal Risks:

The Event is hosted outdoors and you as the potential participant must assess the additional risks associated with it being an outdoor event. You may injure yourself and/or others while participating in the Event and the injury may cause permanent paralysis or death depending on its severity. The following list of physical injuries shall serve as an example of typical risks related to the Event: sprains; strains; fractures; abrasions; spinal injuries; infections; strokes and heart attacks. These can be caused, among other things by the following behaviour or circumstances

(i) accidents while running (the running route is off road and undulating) and performing the individual workouts;

(ii) contact or collision with other people or objects (e.g. with other athletes, spectators, marshals, workout equipment or barriers)

(iii) proximity to other people carrying symptom-free infection (e.g. transmission of bacterial or viral infectious diseases) and

(iv) problems related to the proper assessment and behaviours of yourself and of others (e.g. incorrect or inappropriate behaviours by yourself or the other participants, erroneous assessment by the marshals)

(v) heat related illnesses such as heat stroke or dehydration due to a failure to take on sufficient water/hydration. To minimise the risks Horsham Fitness has imposed the following rules:

Rules

  • You must act responsibly and sensibly at all times.
  • You must not participate if you are pregnant or under the influence of alcohol or non-prescription drugs.
  • You must follow any safety warnings or instructions displayed or given to you by the voluntary staff.
  • We are not qualified to express an opinion that you are fit to safely participate so you must satisfy yourself of this.
  • You must not participate if you have a pre-existing medical condition where you have been informed that you should not participate in such an event.

In the absence of any negligence or other breach of duty by us, participation in the Event is entirely at your own risk.

2. Disclaimer for personal injury or death (use of equipment)

You are responsible for using equipment safely and as directed. You must behave sensibly and follow any safety instructions so as not to hurt or injure yourself or others.


In the absence of any negligence or other breach of duty by us, the use of our machinery, equipment or facility is entirely at your own risk.

3. Risks for Personal Property – Disclaimer for loss or damage to property

While participating in the Event you may damage your personal property in the form of staining, damaging or destroying your clothing and/or wearables (e.g. timing devices, electronic appliances and jewellery). In the absence of any negligence or other breach of duty by us, we are not responsible for any theft, damage, destruction or loss of your property or belongings while using our facilities and/or participating in the Event.

4. Limitations of Liability

The above limitations of liability also extend to the personal liability of our employees, representatives, vicarious agents, third parties and marshals that we use in connection with the organisation of the Event or with whom we are contractually bound for this purpose. Horsham Fitness is only liable up to the maximum amount of the liability insurance taken out in relation to the Event. Liability does not extend to unforeseeable events and/or consequential loss.

5. Release Declaration and Signature

By acknowledging this Declaration, you (below referred to as “I”) hereby declare the following:

Consent:

I have carefully read the organisers Notice as set out above and understand that I carry the inherent risks of participation in the Event. I agree and acknowledge that participation in the Event is entirely voluntary and that due to the typical dangers of sports, participation is entirely at my own risk.

Health:

I am physically able to participate in the Event and have no knowledge or reason to believe of any circumstances that would compromise my safety or health by participating in the Event. I will carefully monitor my state of health and my physical fitness in the period between the conclusion of this agreement and the start of the competition and I will refrain from participating as soon as there are any indicators that endanger my safety or health through participation. Should health problems become apparent during the competition, I will inform the marshals and, if necessary, stop competing. I will follow any instructions given by any marshal during the competition.

I acknowledge that I am not entitled to a refund should my health deteriorate or I suffer an injury prior or to the start of or during the race and I am unable to participate in the event either in full or in part.

First Aid:

I consent to the provision of first aid and other medical treatment in the event of injury or illness (including but not limited to resuscitation and use of an automated external defibrillator) and hereby exonerate Horsham Fitness and release them from any liability or claims arising from such treatments. I am aware that I can withdraw from the Event at any time for my own protection and the protection of others.

Pictures, sound recordings and videos:

Pictures, sound recordings and videos that show me partially or completely during and in the context of the Event may be used with my personal data, such as first name, last name, for documentation, information and advertising purposes without any time or space restrictions to be published in all media. I acknowledge that I have no entitlement to be named as an athlete or to be granted a financial advantage if the image and/or audio material is mentioned or depicted or reproduced.