Although the website may be written in a light-hearted fashion, you should not underestimate the risks involved in undertaking this kind of adventure.
The Inca Rally is NOT an organised tour. You will be travelling unaided and may be affected by the countries’ border regulations and their authorities’ restrictions. Consequently, you may be delayed crossing any of the countries and may miss your flights home and/or may not reach the finish line. You will likely find yourself in situations that were unforeseen and which may pose you some danger. Please be aware that you will receive no direct support from us should such a scenario occur.
The Inca Rally may pose some risks to your health and your life. You will be driving for many thousands of miles in a vehicle that is unsuitable for the task, in parts of the world that are unfamiliar to you. This means your chances of being involved in an accident in the vehicle while you are en route from the start to the finish line, or in any number of other health and life-threatening situations is significantly increased from that in your ordinary life.
This will be the first event of its kind. This means that you may suffer short and long term physical affects that cannot be predicted.
The nature of the Inca Rally 2012 means that if you are involved in an accident whilst driving your car from the start to the finish line, the nearest medical assistance may be many hours and miles away from you. Additionally, even if it reaches you, the kind of medical help you may receive may differ vastly from the quality of medical care you would expect to find at home.
The roads that you are likely to encounter while navigating your chosen route may be, for example, unstable, suffering serious erosion, too thin for two way traffic, and extremely difficult to drive on in a car. Road traffic in many of the regions you might encounter can be hectic, chaotic and dangerous. This only increases the risk that you will be involved in an accident. If you were to become involved in an accident it may be the case that you will be blamed by local authorities for the accident regardless of whose fault it was. At this point you may be faced with the risk of prison or paying very large fines.
This adventure is not a glorified holiday. It is an unsupported adventure and so by its very nature extremely risky. You really are on your own and you really are putting both your short term and long term health at risk.
Please confirm that you have read and understood the terms and conditions of Entry into The Inca Rally 2012 shown in the following Team Entry Agreement
Terms and Conditions
The Inca Rally 2012 Team Entry Agreement
This agreement is made between:
(1) THE INCA RALLY LIMITED, a company incorporated in England and Wales (company registration number 07826909 and hereafter referred to as "the Company ");
(2) The individual whose name, address and contact details are specified in the application for this adventure (referred to as a “Team Member” and together with other members of the team referred to as “the Team”)
(A) Words and phrases defined in clause 1.1 below shall have the same meanings in these Recitals.
(B) The Company owns or controls all rights in and to the Event, and intends to stage and manage the Event.
(C) The Team wishes to enter and participate in the Event.
(D) The Company has agreed to accept the Team's entry for the Event conditional upon the Team entering into this Agreement and participating in the Event upon and subject to the terms and conditions of this Agreement (the "Terms of Entry") and the Event Rules.
1.1 The following terms shall have the meaning set out opposite them below, unless the context otherwise requires:
1.1.1 " Commercial Partners" means any third party with whom a contract is lawfully concluded for the exploitation of the Commercial Rights;
1.1.2 “ Commercial Rights ” means any and all rights of a commercial nature connected with the Event including, without limitation, broadcasting rights, sponsorship rights, merchandising and licensing rights, ticketing rights, promotional rights, catering and hospitality rights, New Media rights and interactive games rights;
1.1.3 “ Designated Starting Point ” means Puno or Lima, Peru tbc and/or such other venue as the Company may notify to the Team, subject to their country of origin, being the place from which the Event shall commence on the first day of the Event Period;
1.1.4 “Designated Finishing Point” means Georgetown, Guyana and/or such other venue as the Company may notify to the Team, the destination at which the Event is designated to finish;
1.1.5 " Effective Date " means the date of signature of this Agreement or the date thirty (30) days prior to the first day of the Event Period, whichever the earlier;
1.1.6 “ Entry Fee ” means the amount of £300 pounds sterling which is inclusive of VAT where applicable;
1.1.7 " Event " means The Inca Rally 2012, a driving endurance challenge running from the Designated Starting Point to the Designated Finishing Point taking place during the Event Period;
1.1.8 " Event Director " means the person appointed by the Company as being responsible for the overall administration and management of the Event;
1.1.9 " Event Period " means the inclusive period from 1st August 2012 to 20th August 2012 or such longer or shorter period as the Company may notify to the Team;
1.1.10 " Event Manual " means the manual set out in the Schedules;
1.1.11 " Event Marks " means the event titles, words and logo(s) which are owned or controlled by the Company and which appear in Schedule 2;
1.1.12 “ Event Rules ” means the rules in respect of the Event as contained in the Event Manual and/or as notified by the Company to the Team;
1.1.13 “ Event Schedule ” means the schedule of relevant dates, activities and events relating to and/or comprising part of the Event as set out in Schedule 3;
1.1.14 “ Fundraising Rights ” means those rights granted to the Team (if any) pursuant to the Terms of Entry and/or the Event Rules;
1.1.15 “ Intellectual Property Rights ” shall mean all present and future right, title and interest in any trade marks, service marks, registered designs, utility models, design rights, copyright (including copyright in computer software, film, sound and photographs), database rights (including in relation to technical data and results), trade secrets and other confidential information, know-how, business or trade names (including internet domain names and e-mail address names) and all other intellectual and industrial property and rights of a similar or corresponding nature, whether registered or not or capable of registration or not and including the right to apply for and all applications for any of the foregoing rights and the right to sue for infringements of any of the foregoing rights.
1.1.16 “ New Media ” shall mean broadcasts via cellular mobile telecommunications systems on cellular telecommunications devices and/or the world wide web, as such technology is modified, developed or replaced from time to time;
1.1.17 " Officials " means the director(s) of the Company and other persons nominated by the Company;
1.1.18 “ Payment Method “ means payment via the Paypal merchant account at http://www.paypal.com registered under the Company's name or via such other method as the Company may stipulate;
1.1.19 " Relevant Law " means all legislation, codes of practice, standards, guidelines and regulations (in each case having the force of law) together with all applicable regulations and rules (including the Event Rules) applicable to the subject matter (whether obligations, goods or services) in question;
1.1.20 " Team Members " means the members of the Team, jointly and severally;
1.1.21 " Term " means the inclusive period from the Effective Date until 31st August 2012;
1.1.22 " Territory " means the World;
1.1.23 “ Vehicle ” means the car (of the same specification (or similar) to that set out in Schedule 4), that will be purchased by the Team in accordance with the Event Rules and which must be used by the Team to participate in the Event.
1.2 Unless the context otherwise requires words denoting the singular shall include the plural and vice versa and words denoting any one gender shall include all genders and words denoting persons shall include bodies corporate, unincorporated associations and partnerships.
1.3 References in this Agreement to clauses and schedules are to clauses and schedules to this Agreement.
1.4 References to any statute shall include references to such statute as it may after the date of this Agreement from time to time be amended, supplemented or re-enacted.
1.5 The headings in this Agreement are inserted for convenience only and shall not affect its construction.
1.6 The word " including " is not to be treated as a word of limitation.
2 Entry and participation
2.1 The Team hereby agrees to enter and participate in the Event using the Vehicle upon and subject to the Terms of Entry and the Event Rules.
2.2 For the avoidance of doubt, each Team Member shall, observe and abide in every respect by the Terms of Entry and the Event Rules and any decision of the Company or the Event Director. Such decisions shall be binding on the Team Members, who acknowledges that they shall not have the power to revoke or alter any such decisions.
3.1 The Event shall be named “The Inca Rally 2012” or such other name as the Company shall notify to the Team.
3.2 The Team shall use their best endeavours to refer to the Event with the title in clause 3.1 above at all times and in particular during any performance of the obligations set out in clause 6.1.12.
4 Entry fees
4.1 In consideration of the acceptance of the Team's entry to participate in the Event by the Company, the Team agrees to pay the Company the Entry Fee. Such Entry Fee shall be paid to the Company within 6 months of its official sign up, meaning the provision of a payment lock on The Inca Rally website, (unless otherwise agreed by the Company) via the Payment Method or by such other means as specified by the Company.
4.2 For the avoidance of doubt, failure to pay the Entry Fee in full by the date specified in clause 4.1 shall entitle the Company to disqualify the Team from participation in the Event.
5 Obligations of the Company
5.1 The Company represents, warrants and undertakes:
5.1.1 that it has and will continue to have throughout the Term full right and title and authority to enter into this Agreement and to accept and perform the obligations imposed on it under this Agreement;
5.1.2 to organise, manage and stage the Event;
5.1.3 without prejudice to clause 5.1.2, to organise the Event Schedule and provide a copy of the Event Schedule to the Team on or before the commencement of first day of the Event Period. During the Term, the Company will also notify the Team as soon as practicable of any updates or amendments to the Event Schedule;
5.1.4 that, subject to clause 7, it shall grant the Team a non-exclusive royalty-free licence to use the Event Marks solely in connection with in connection with the Fundraising Rights and/or promoting the Team as an entrant of the Event to prospective sponsors and for the duration the Event Period or whilst the Team is an entrant in the Event only (whichever the shorter); and
5.1.5 that it owns or controls the Event Marks and shall take all measures it considers reasonable during the Term to protect its rights in the Event Marks from infringement by any third party.
6 Obligations of the Team
6.1 The Team (including, for the avoidance of doubt, each Team Member, jointly and severally) hereby represents, warrants and undertakes that (at its sole expense where relevant and unless otherwise specified):
6.1.1 it has, and will continue to have throughout the Term, full right and title and authority to enter into this Agreement and to accept and perform the obligations imposed on it hereunder;
6.1.2 each Team Member is or will be 18 years of age or older as at the Effective Date;
6.1.3 any Team Member(s) who drive the Vehicle or undertake any other permitted activity in the Event holds a valid driving license and any other licenses or permits required to undertake such permitted activities and shall disclose copies of the same to the Event Director or any Official on demand;
6.1.4 without prejudice to clause 12, be solely responsible for determining by what route and upon what basis the Team shall drive the Vehicle from the Designated Starting Point to the Designated Finishing Point and the means by which the Vehicle will be transported from the Designated Starting Point to the Designated Finishing Point (and vice versa) and between any other two or more destinations whether during the Event Period or otherwise;
6.1.5 it will remain solely liable for the payment of all and any taxes, surcharges, levies, imposts, fines, penalties or similar charges incurred by any Team Member in connection with the participation of the Team in the Event;
6.1.6 upon request each Team Member shall wear any item of clothing and/or Event passes/identification at all relevant times when attending any promotional activity or any other occasion conducted in connection with the Event;
6.1.7 it shall not do anything or permit anything to be done which might adversely affect the Commercial Rights or the value of the Commercial Rights;
6.1.8 it shall observe and comply with, in addition to the Terms of Entry and the Event Rules, all Relevant Laws and any other directions, codes of practice or guidelines imposed by national law or any competent authority applicable to the Event;
6.1.9 it shall promptly observe and comply with all reasonable instructions, directions or regulations issued by or on behalf of the Company including those relating to the organisation, staging, safety and image of the Event;
6.1.10 it shall ensure that neither it nor any of the Team Members make any defamatory or derogatory statements or take part in any activities which are or might be derogatory or detrimental to the reputation, image or goodwill of the Company, the Event or any Commercial Partner; and
6.1.11 it acknowledges the importance of co-operating with the media to obtain maximum coverage and exposure for the benefit of the Event and agrees to co-operate with all reasonable requests of such nature by the Company and/or any broadcaster or other Commercial Partner of the Company.
6.2 Without prejudice to the above, the Team shall ensure that, as a minimum, the canvas roof panel of the Vehicle and the strip below the front windscreen is to be made available to be branded by the Company with all or some of the Event Marks or any logo or brand of any Commercial Partner as directed by the Company.
6.3 The Team will ensure that any person who wishes to join the Team as a Team Member after the Effective Date will read and accept The Inca Rally Team Entry Agreement (the “Team Entry Agreement”) online. For the avoidance of doubt, unless and until the Company can confirm that the Team Entry Agreement has been accepted in respect of a relevant person (s) wishing to join the Team as a Team Member, such person(s) shall not be entitled to become a Team Member or participate in the Event.
7 Intellectual Property
7.1 In consideration of the acceptance of the Team's entry to participate in the Event by the Company, the Team hereby acknowledges and agrees that all Intellectual Property Rights arising from and in relation to the Event including its name, logotype, format and films and photographs of the Event shall be exclusively vested in the Company.
7.2 The Team further acknowledges and agrees that it shall not obtain any right in the Intellectual Property Rights arising from or in relation to the Event by virtue of its entry or otherwise, and it will (and will procure, for the avoidance of doubt that each Team Member and/or any other persons associated with the Team) do nothing to damage the Company's rights set out in clause 7.1.
8 Commercial rights
8.1 Without prejudice to clause 7, the Team acknowledges that the Company will be seeking to maximise the income from the exploitation of the Commercial Rights for the Event by entering into a number of agreements with Commercial Partners. The Team undertakes to co-operate with the Company and the Commercial Partners in order to protect the Commercial Rights and in particular the Team agrees that, unless agreed in writing by the Company and save as permitted by the Fundraising Rights granted to the Team:
8.1.1 no Team Member will assert any claim to use, sell or exploit any of the Commercial Rights in connection with the Event and the Team will not develop or acquire any rights in relations to the Event which are similar to or compete with the Commercial Rights;
8.1.2 no Team Member will, during the Event Period, directly or indirectly allow its or his or her name, image or likeness to be used in an advertising or endorsement or for any commercial purpose which involves a direct or indirect association with the Event and/or seeks to exploit (whether implicitly or explicitly) any connection therewith;
8.1.3 no use shall be made by the Team or any Team Member of the description of a product or service as being the "Official" product or service of the Team's participation in the Event;
8.1.4 the Team shall permit a designated Team Member to film all or any part of the Event provided that:
(a) not more than one video camera shall be used in making the film, and the cameraman observes all directions as to filming made by the Company;
(b) not more than one additional copy is made of that film;
(c) the film is made and used only for private use and that no part of the film is exhibited or distributed or otherwise exploited in any format whatsoever to any public or private audience or for any other broadcast of whatever nature. Any Team Member who makes such a film pursuant to this clause hereby assigns with full title guarantee to the Company all rights of any nature whatsoever in perpetuity including copyright in any such film.
8.1.5 the Team shall be permitted to establish a Team website in connection with its participation in the Event provided that such website is operated pursuant to this Agreement (including clause 8.1.1) and in accordance with the relevant section(s) of the Event Rules.
9 Media Rights
9.1 The Team undertakes on behalf of itself, each Team Member and any other persons associated with the Team that it and they hereby consent in perpetuity and on a royalty-free basis throughout the Territory to:
9.1.1 the use of their names, initials, nicknames, signatures, photographs, likenesses, voices, quotations, biographical details, fame and reputation, the name and photograph of the Team's Vehicle, the names and logotypes of the sponsors and suppliers who appear on the Vehicle and on the Team's clothing:
9.1.2 in all contexts;
9.1.3 in all media (including New Media) now known or hereafter devised, including, without limitation, theatrical exhibition in cinemas, all forms of television and radio broadcasts, all print media (including, without limitation, all consumer and trade magazines and catalogues, newspapers and other periodicals), posters, banners, street vision monitors, airliners and ships, in-store ads and all other point of purchase advertising and promotional materials, train and bus wraps, mobile phones, direct mail, billboards, and internet sites,
9.1.4 for all advertising, promotion, endorsement, broadcast, merchandising and/or gaming purposes of the Company, the Commercial Partners and any other approved third parties at the discretion of the Company.
9.2 For the avoidance of doubt, the Team shall have no right to approve the use of the rights licensed under this clause 9.
10.1 The Company shall have the right at any time to terminate this Agreement immediately by giving written notice to the Team in the event that the Team or any Team Member:
10.1.1 has committed a material breach of any obligation under this Agreement which breach is incapable of remedy or cannot be remedied in time for the Event;
10.1.2 has committed a material breach of any of its obligations under this Agreement and has not remedied such breach (if the same is capable of remedy) within seven (7) days of being required by written notice so to do;
10.1.3 enters into any arrangement with its creditors and/or suffers any event of bankruptcy or insolvency, save in circumstances which are approved by the Company.
10.2 The Company shall have the right to terminate this Agreement by providing fourteen (14) days' notice in writing to the Team in the event that it no longer wishes, or is no longer able, to stage the Event.
10.3 Without prejudice to any rights which the Company may have whether pursuant to this Agreement or otherwise, if the Team or any Team Member defaults on or is in breach of any of its obligations hereunder and fails to remedy such default or such breach forthwith upon notice from the Company stipulating the same, the Company may intervene (at the sole cost of the Team, which shall indemnify the Company from any liability in respect of such costs) in the carrying out of any obligation of the Team or any Team Member hereunder to ensure its proper and timely performance.
11 Force majeure
11.1 A party (the "Affected Party" ) shall not be held liable or deemed to be in default under this Agreement for any failure to perform its obligations if such failure results directly or indirectly from circumstances beyond the Affected Party's reasonable control ( "Force Majeure" ). Force Majeure includes but is not limited to strikes, lock-outs, civil warfare, flood or fire damage, environmental calamity, inclement weather, acts of God, legal enactment, governmental order, regulatory enactments and/or orders, imposition of sanctions by a country against the territory where any part of the Event is to held that adversely affects the staging of the Event or the import/export of a Vehicle into/out of any territory, any action taken by a governmental or public authority of any kind (including not granting a consent, exemption, approval or clearance), epidemic and disease, civil strife, terrorism (threatened or actual), and war. Subject to clause 11.2, the Affected Party must continue to perform its other obligations to the extent that they are not affected by the Force Majeure and must use all reasonable endeavours to overcome or remove the Force Majeure as quickly as possible.
11.2 If any event of Force Majeure delays or prevents the performance of the obligations of either party for a continuous period of fourteen (14) days, the party not so affected shall then be entitled to give notice to the Affected Party to terminate this Agreement with immediate effect without penalty. Such a termination notice shall be irrevocable except with the consent of both parties.
12 Acknowledgement of risk
12.1 Each Team Member recognizes and acknowledges that participating in the Event with the Vehicle is a potentially dangerous activity and may involve (a) entering into certain parts of the Territory (via a route chosen by the Team and not, for the avoidance of doubt, by the Company) which are considered highly dangerous and unsuitable for foreign travel due to reasons including the applicable physical terrain or political and/or social climate and (b) using equipment (including the Vehicle) that is being pushed to its limits and may be defective and which can expose the Team Members and others to a high degree of risk of serious bodily injury or death, which may be caused by any Team Member's actions or omissions or by the actions or omissions of others.
12.2 In recognition of these facts, and for the consideration set forth in this Agreement, each Team Member elects voluntarily to enter into this Agreement and assume all risks of loss, damages, injury or death that may be sustained, and each Team Member will participate in the Event with the Vehicle in accordance with this Agreement at their own risk.
12.3 Save in the event of any negligent or wilful act or omission on the part of the person or entity concerned, none of the Company, any Official or the Event Director or any of their respective officers, agents or employees, shall be liable to any Team Member for death or personal injury, damage to property or other loss or damage of any nature whatsoever suffered by any Team Member (including where applicable any loss or damage caused to the Vehicle) whether arising from participation in the Event or otherwise.
12.4 Under no circumstances shall the Company be liable for any actual or alleged indirect loss or consequential loss howsoever arising suffered by any Team Member including, but not limited to, loss of profits, anticipated profits, savings, business or opportunity or loss of publicity or loss of reputation or opportunity to enhance reputation or any other sort of economic loss.
12.5 Except where expressly provided in this Agreement, each Team Member jointly and severally undertakes to the Company to be liable for any death or personal injury to third parties, damage to property or any other claims, losses, costs (including, without limitation, all reasonable legal costs) or demands arising out of any negligent or wilful act or omission of any Team Member during the Event Period, whether arising from participation in the Event or otherwise.
12.6 Each Team Member jointly and severally undertakes and agrees that it will irrevocably indemnify and hold the Company harmless from and against all costs and expenses (including reasonable legal costs), actions, proceedings, claims, demands and damage arising from a breach of the Team or any Team Member's representations, warranties or undertakings contained herein or arising from the acts or omissions of the Team or its Team Members, respective officers, employers, agents or sub-contractors.
12.7 The Team shall ensure that each Team Member shall take out death, accident and health insurance for itself and that, apart from the statutory third party vehicle insurance, the SOAT, provided with the Vehicle, the Team obtains all insurance required for the participation of the Vehicle in the Event required by any applicable Relevant Law. And a copy of such insurance policies shall be provided to the Event Director at any time upon request.
13 Power to make rules and other provisions
13.1 The parties recognise that given the nature of the Event, issues may arise in relation to the Event that were not foreseen and therefore are not specifically addressed in the Terms of Entry or the Event Rules or that would have an unintended result if made subject to the Terms of Entry and the Event Rules without modification. The parties further recognise that it is in the best interests of the Event, and of all the participants in the Event, that such issues be addressed as quickly and effectively as possible.
13.2 In consequence of the recognitions set out in clause 13.1, the Team agrees that the Company shall have the right, exercisable unilaterally from time to time before and/or during the Event Period:
13.2.1 to supplement or amend the Terms of Entry and/or the Event Rules (and, if applicable, the Event Schedule);
13.2.2 to resolve any queries that arise in relation to the proper interpretation and application of the Terms of Entry and/or the Event Rules; and
13.2.3 to issue directions as to the conduct of the Event, including the conduct of Team Members, the contents of the Event Manual and the preservation of the value of the Commercial Rights.
13.3 During the Event itself, the Company may delegate the right conferred by clause 13.1 above to one or more designees including the Event Director, any Official or any other person appointed by the Company.
13.4 The Team agrees that any amended and supplemental Terms of Entry or Event Rules and any directions made pursuant to this clause 13 shall become binding upon the Team immediately upon communication to any Team Member and shall be deemed to be included in the Terms of Entry or the Event Rules (as applicable) for the purposes of this Agreement.
13.5 Decisions made pursuant to this clause to amend or supplement the Terms of Entry or Event Rules or to issue directions shall be final. No challenge shall be made by the Team to any such decision.
14 Dispute resolution
14.1 All disputes, issues or complaints regarding the Team's participation in the Event shall be referred to the Event Director for determination as soon as practicable thereafter. For the avoidance of doubt, all determination, decisions and directives of the Event Director shall be final.
14.2 Without prejudice to the generality of the Event Director's powers under clause 14.1, the Event Directors shall be entitled to impose any or all of the following:
14.2.1 suspension or expulsion from the remainder of the Event, or imposition other Event-based sanctions or fines upon a Team or any Team Member;
14.2.2 impose other Event-based sanctions or fines on a Team or any Team Member and to make such cost order in relation to the relevant matter as it considers appropriate;
14.2.3 adjudication on whether there has been a breach of the Terms of Entry or the Event Rules or upon whether an event constitutes an event of Force Majeure for the purposes of clause 11.1.
15 Announcements and confidentiality
The Team will not make or permit to be made any public announcement(s) in relation to this Agreement without the prior consent of the Company nor (save as required by law) disclose to any third party an information concerning the terms or subject matter of this Agreement from the date hereof.
16 Points of contact
16.1 The principal point of contact for each party (unless the other party is notified otherwise in writing) shall be as follows:
The Team: see details of the individual as provided on the Personal Details page of the adventure sign up process
16.2 The Team acknowledges and agrees that it is not entitled to rely on any representation, authorisation or decision of the Company unless made by the principal point of contact (or their designated replacement) set out at clause 16.1 above.
17.1 The parties agree that all notices under this Agreement shall, unless otherwise notified, be served on the following addresses:
For the Team: see details of the individual as provided on the Personal Details page of the adventure sign up process
17.2 All notices shall be in writing and may be delivered personally, by email or by first class pre-paid post and shall be deemed to be properly given or served:
17.2.1 two working days after being sent to the intended recipient by pre-paid post addressed as aforesaid or, if sent by international air mail, five working days after being sent to the intended recipient; or
17.2.2 if sent by email, on receipt of confirmation of successful transmission or if not a working day the first working day thereafter.
18.1 The granting by the Company of any time or indulgence in respect of any breach of any term of this Agreement by the Team shall not be deemed a waiver of such breach and the waiver by the Company of any breach of any term of this Agreement by the Team shall not prevent the subsequent enforcement of that term nor be deemed a waiver of any breach by the Company.
18.2 This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof, and shall supersede any prior agreements, representations or understanding between the parties, whether written or oral.
18.3 This Agreement may be executed in any number of counterparts, each of which when executed shall constitute an original, but all of which when taken together shall constitute one and the same Agreement.
18.4 All rights, remedies and powers conferred upon the parties are cumulative and shall not be deemed to be exclusive of any other rights, remedies or powers now or subsequently conferred upon them by law or otherwise.
18.5 Should any term of this Agreement be considered void or void able under any such applicable law, then such terms shall be served or amended in such a manner as to render the remainder of this Agreement valid or enforceable.
18.6 This Agreement may only be modified or any provision waived if such modification or waiver is in writing and signed by a duly authorised representative of each party.
18.7 In respect of any date or period mentioned in any clause of this Agreement time shall be of the essence.
18.8 A person who is not a party to this Deed shall not have any rights or remedies pursuant to it, whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise.
18.9 Nothing in this Agreement shall be deemed to constitute a joint venture, partnership or relationship of agency or employment between the parties.
18.10 The Team shall not be permitted to assign any of its rights or obligations under this Agreement without the prior written consent of the Company
19 Governing law
This Agreement shall be governed by and construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the Courts of England with regard to any claims relating to or in connection with this Agreement.
Schedule 1: Event Manual (including Event Rules)
For the avoidance of doubt: any defined words contained in this Event Manual shall have the same meaning and interpretation as set out in the Team Entry Agreement; and the Event Manual (including the Event Rules) will be amended and updated from time to time and will be deemed to be included as part of the Event Manual. All amendments and updates will be displayed on the “Teams” section of the official Event website at www.theincarally.com and it shall be the responsibility of Teams to regularly check such website in order to inform themselves and each Team Member of any relevant amendments and updates.
One team for the purposes of the Event shall consist of one Vehicle. Each Vehicle can contain as many Team Members as are legally permitted under Relevant Law to travel in the Vehicle, provided such Team Members have entered into a Team Entry Agreement with the Company or have otherwise agreed in writing to participate in the Event upon and subject to the Terms of Entry and the Event Rules. For the avoidance of doubt it is the sole responsibility of each Team to inform themselves of the maximum numbers of persons legally permitted to travel in the Vehicle under Relevant Law.
Should the Vehicle not be delivered to the Designated Finish Point by the end of the Event Period, then the team may be liable for either the cost to retrieve the Vehicle and/or the " Recovery Costs" beyond this date.
Each Vehicle will be of a similar specification to that outlined in Schedule 4 to the Team Entry Agreement. For the avoidance of doubt, the Company shall make no representations or warranties as to the suitability of the chosen vehicle seller or of the Vehicle for participation in the Event and any rights or warranties which a Team may have or be granted in relation to the Vehicle shall be limited to those contained in the Agreement or implied by any Relevant Law.
Teams may carry out vehicle modifications to their Vehicle to the extent that their plans and specifications for the alterations to be made are authorised by the Event Director. Modifications must be carried out subject to the terms of the Agreement
The Team and Team Members must use their best endeavours to raise a minimum of £1000 (GB Sterling) for the approved charity (the "Suggested Minimum Charity Donation"). This should be donated to the approved charity as stated on The Inca Rally 2012 website and in The Inca Rally Team Handbook at http://www.theincarally.com, Practical Action.
All donations must be paid to the charities no later than 29th July 2012. Further details of this process are contained in the Inca Rally 2012 Team Handbook.
Proof of payment of donations (especially where collection has been made offline) may be requested from the Team.
Team Fundraising Rights
Teams may collect non-charitable donations and sponsorship to cover reasonable costs of taking part in the Event only and shall be permitted to offer low-level sponsorship branding rights to its sponsors (such as branding on the team's clothing, vehicle) subject always to the rights reserved by the Company pursuant to the Team Entry Agreement including, without limit, clause 8 (Commercial Rights) and clause 10 (Media Rights). A list of all proposed Team sponsorship must be notified by the Team to the Company at least 21 days prior to the Event Period for the Company's approval. For the avoidance of doubt, the Team shall remove the logo or brand of any sponsor from any team clothing, Vehicle or cease granting any other right to a Team sponsor immediately upon notice from the Company where the Company deems such Team sponsorship to be in conflict with the brands or sponsorship arrangements between the Company and the Commercial Partners and/or any other Event sponsors.
If Teams decide to cover their expenses they must make it very clear how any donations or sponsorship are being spent. The Team agrees to follow the guidelines as laid out by the Institute of Fundraising - http://www.institute-of-fundraising.org.uk and acknowledges that, without prejudice to any other provisions of the Team Entry Agreement, the Terms of Entry and the Event Rules, it shall remain liable for any breach of any Relevant Law applicable to the fundraising activity it carries out.
Should Teams validly withdraw from the Event within 28 days of payment of the Entry Fee, the Entry Fee payable by teams to participate in the Event may be refunded minus admin fees. Refunds after that period are at the Company's sole discretion.
If the team withdraws after 1st June 2012, the Company holds the right to withhold the Entry Fee and not refund the payment to the Team.
Getting help on the road
The Team and all its members must acknowledge the unsupported nature of the adventure they wish to partake in. There will be no back up and the Team and all its members are wholly responsible for their Vehicle and themselves for the duration of their journey between the start point and the finish point.
Teams must note that the Company will not offer any assistance or advice to Teams during the Team's journey from the Designated Starting Point to the Designated Finishing Point. Without prejudice to any provision of the Team Entry Agreement Teams shall be solely responsible for planning their travel route from the Designated Starting Point to the Designated Finishing Point and for making all necessary preparations and taking all necessary safety precautions and obtaining all necessary clearances, visas, authorisations to complete their chosen travel route.
Some Consuls have requested that we draw the Team Members' attention to what their staff can and cannot do for a Team on The Inca Rally.
Please refer to the consulate relevant to your nationality for information about what your consul is able to do for you when you are abroad.
Please note that the Company provides no warranty whatsoever as to the accuracy of the information displayed by the consulate and accepts no liability whatsoever for any loss or damage caused as a consequence of the Team’s reliance on the information provided by their consulate.
Schedule 2: The Event Marks
Schedule 3: Event Schedule
29th July 2012: Final date for paying in charity donations to official Inca Rally charity and Team's choice charities.
1st August 2012: The Inca Rally Launch event in Lima, Peru
1st August 2012: Start Party in Lima, Peru. Location TBC.
18th August 2012: Finish Line Ceremony and Party, Georgetown, Guyana. Location TBC
Schedule 4: Vehicle Specifications
Vehicle must be purchased in South America and cannot be imported from the Team’s home nation.
Vehicle must be donated at the end of the event, in Guyana, to a Guyanese resident.By continuing with the registration and completing your payment, you confirm that you have read and understood the terms and conditions of Entry into The Inca Rally 2012 shown in this Team Entry Agreement.