Tour of Nilgiris Terms and Conditions

Definitions
 

“Conditions” means these terms and conditions of entry for the Event.
“Entry Form" means the website pages which must be completed in order to participate in the Event.
“Event” means the event named on the Entry Form.
“Event Organiser” means Break Away Sports Unlimited Pvt. Ltd.
"Fee" means the price of entry into the Event as set out in the Entry Form.
“Participant” means the person named on the Entry Form who will be participating in the Event.

1. Acceptance of Conditions
These Conditions shall apply in place of and prevail over any terms or conditions (whether or not in
conflict or inconsistent with these Conditions) contained or referred to in any documentation
submitted by the Participant or in correspondence or elsewhere or implied by trade custom, practice
or course of dealing. A variation of these Conditions is only valid if the Event Organiser gives notice to
the Participant in writing in any official Event material or correspondence prior to the Event (including
via email), The Participant shall be deemed to have accepted these Conditions upon completion of
the Entry Form.

2. Participation
• The Participant acknowledges that participation in the Event is physically strenuous. It is
acknowledged that participation in the Event will be physically demanding and the Participant
is aware of the nature of the Event and associated medical and physical risks involved. The
Participant acknowledges that the Event takes part in public roads which are not controlled,
the entire route of the tour will have all kinds of motorised and non motorised traffic,
pedestrian traffic, animals, natural and artificial hurdles. The roads can be of different terrain,
from good conditions to the other extreme of certain stretches having no road. The participant
acknowledges these and the medical, physical and mental risks associated with the event.
The participant takes some ownership for his/her safety, security and well being on the entire tour
as well as the periods associated with travel to and from the Event.

• The Participant agrees that he/she is physically capable of participating in the Event and
agrees to be solely responsible for his/her actions and the Event Organiser, its management,
employees, volunteers, agents, affiliates, associated companies, sponsors or medical
advisers are not responsible for any injury or illness that the Participant may suffer as a result
of his/her participation in the Event. The Participant accepts that should any medical or
physical condition arise prior to the Event which is likely to affect his/her ability to Participate,
the Participant will withdraw in accordance with these Conditions.
 

• The Participant agrees to abide by all applicable rules and regulations on the Event. The
Participant shall not be entitled to a refund of the Fees if he or she is disqualified from the

Event as a result of an infringement of these Conditions or any such rules and regulations.
The Event Organiser is also entitled to impose Event rules upon the Participant from time to
time which will form part of these Conditions. The relevant rules and regulations may be
obtained from the Event website.
 

• The Participant must complete the appropriate registration process at the times and on the
day as instructed in the Event Information which will be issued by the Event Organiser before
the Event. If required they will also supply their bike for inspection as part of the registration
process.
 

• It is the Participant's responsibility to provide and use a roadworthy bicycle and helmet which
comply with rules and regulations.
 

• The Event Organiser may introduce cut off times as they see fit as part of the Event rules,
being limits on the time taken to complete sections of the Event (as initiated by the Event
Organiser at its discretion) to ensure the safe and proper running of the Event. Subsequently,
Participant may be instructed to withdraw from the tour in accordance with imposed cut off
times.
 

• The Event Organizer reserves the right at any time to remove or change any section of the
tour due to unforeseen circumstances like Rain, Wild Animal movements and any other
clearances issues.
 

• The Event Organiser reserves the right at any time to remove Participants from the Event or
prevent Participants participating in the Event if in the Event Organiser’s sole discretion, it
considers such action necessary for safety reasons or the proper enjoyment of the Event by
other Participants or for any other reasonable reason. No refund of the Fee shall be made if
the Participant has acted negligently, maliciously, with wilful misconduct or otherwise without
due care and attention for the Event or other participants, so as to cause his/her removal.
 

• At registration, the Participant must produce appropriate photographic personal identification
acceptable to the Event Organiser (such as drivers licence or passport).
 

• While the Event Organiser takes every care with the staging of the Event, the Participant
acknowledges that personal accident and personal items insurance is his or her sole
responsibility.
 

• The minimum age of entry is 18 years old at the time of day before of flag off, 7th of December 2024.
 

• All decisions and rulings by the Event Organiser, its employees and its agents are considered
final. Accordingly, the Participant will comply with all Event rules and all instructions and
guidelines given by stewards, marshals, and safety personnel. The Participant acknowledges
and agrees that the Event Organiser will organise and run the Event and will have sole
authority and be the final arbiter on all decisions relating to the safety, running and
organisation of the Event, the rules of the Event, the timings/finish times and the placings.
 

• These Conditions are personal to the Participant and it may not assign any of its rights or
obligations under this Agreement without the prior written consent of the Event Organiser.
The Participant represents and warrants that the Entry is purchased for personal use only,
that it cannot be donated free of charge or otherwise given away for free, and that it is not
purchased as part of any form of business or commercial activity (save as expressly
authorised by the Event Organiser), and in particular, that the Entry may not be resold or
offered for resale by anyone whether at a premium or otherwise and may not be used for
advertising, promotion use as a prize (including in competitions and sweepstakes), travel
packages, or for any other trade purposes. Donation, give away, resale or attempted resale is
grounds for seizure or cancellation without refund or other compensation.
 

• The Participant acknowledges and accepts that circumstances concerning an Event may
change from time to time for reasons out of the Event Organiser’s reasonable control or
otherwise, without the Event Organiser incurring any liability and without any rights to
withdrawal being accrued by the Participant other than set out in clause 4 below. By way of
example, and for illustration purposes only, car parking arrangements and issues with hotels,
may arise/change but such changes/issues will not allow the Participant to withdraw and nor
will the Event Organiser be deemed liable except as otherwise set out herein.

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3. Bookings and Payments

• The Participant shall complete the Entry Form online and submit it

• In consideration for being granted the right to participate, the Participant is required to
pay 100% Fee by online as per the last date mentioned in the invite sent.

• The Participant shall not be eligible or entitled to participate in the Event until full payment of
the Fee has been received by the Event Organiser. No payment shall be deemed to have
been received until the Event Organiser has received cleared funds.

4. Withdrawal, Cancellations or Alterations
 

1) The Event Organiser reserves the right to change the date of the Event. Should a change of
date be made, and the Participant is unable to attend on the revised date, he/she has three
weeks to inform the Event Organiser in writing from when the change in date is announced to
receive a refund of their Entry Fee.

2) The Participant acknowledges that participant places are limited and payment of the Fee and
reservation of the place has an effect on logistics and the subscription for the Event.
Accordingly, subject to clauses 4.1 and 4.2 above, the Participant may only withdraw from the
Event at any time, subject to the following:
 

3) If the Participant withdraws from the Event
● before July 31th, 2024; 90% of fees will be returned.

● before August 31th, 2024; 80% of fees will be returned.

● before September 30th, 2024; 70% of fees will be returned.

● before Oct 31st, 2024; 50% of the fees will be returned.
● on/ after Oct 31st, 2024; participant forfeits his/ her place in the event; there will be no refund.
 

• No Participant shall be entitled to change the age category further to submitting the Entry
Form.
 

• Notice of withdrawal from the Event must be communicated by withdrawing through the
online admin service on the event website or by writing to the Event Organiser. Withdrawals
WILL NOT be accepted by telephone.
 

• The participation is not transferable.
 

• Should places in any category for the Event be oversubscribed, the Event Organiser reserves
the right to either offer the Participant a place in a suitable alternative category for such Event
or withdraw the offer of a place.
 

• In the event the Event Organiser withdraws the offer of a place to the Participant in the Event
for any reason at any time it will provide the Participant with a full refund of the Fee, with no
further liability whatsoever arising from such withdrawal.
 

• The Event Organiser reserves the right to amend the Event format or cancel the Event due to
circumstances beyond its reasonable control. In the event of the Event being cancelled it shall
provide the Participant with a full refund with no further liability whatsoever arising from such
cancellation, if the event is changed to another format the Participant will not be entitled to
any refund and there shall be no further liability whatsoever arising from such change of
format

5. Event Organiser Responsibilities/Liability

• Notwithstanding anything in these Conditions, the Event Organiser shall not be liable to the
Participant for any liability in contract, tort (including negligence) or otherwise for any loss of
business, revenue or profits, anticipated savings or wasted expenditure, loss or damage of or
to personal equipment belonging to the Participant or any indirect or consequential loss or
damage whatsoever (notwithstanding that such loss was within the contemplation of the
parties at the date of submitting the Entry Form) arising out of the Participant taking part in
the Event or any other matter arising under these Conditions nor for an aggregate amount
greater than the Fee paid by the Participant. Without limiting the foregoing, the Event
Organiser will not be liable for any actions of any spectators or other third parties unless

otherwise set out herein.

• Accordingly, the Participant hereby expressly and irrevocably renounces, for him/herself, heirs
and successors in title the right to any recourse or claims whatsoever against the Event
Organiser, its officers, employees, volunteers, suppliers and/or sponsors and/or persons for
whom it is answerable (Associated Parties) as a result of any kind of physical, mental or other
loss or damage of whatsoever nature (including any loss of earnings, profits, or pain and
suffering) suffered by the Participant, directly or indirectly, or by his/her family or by any
dependents and caused by an event in any way relating to the Participant s participation in
Event, and the Participant hereby undertakes, for him/herself, heirs and successors in title to
indemnify and hold harmless the Event Organiser, and the Associated Parties for any costs
and/or amount which they or any of them may be required to pay as a result of any recourse
or claim aforesaid by whomsoever made. The Participant also agrees to indemnify the Event
Organiser and the Associated Parties for any claim, actions, liabilities or losses resulting from
any breach of the Participant s declarations above and/or the Participants negligent acts or
omissions and/or wilful misconduct.

▪ Nothing in these Conditions shall exclude or limit the liability of the Event Organiser:
▪ for death or personal injury caused by the Event Organiser's negligence;
▪ for fraud or fraudulent misrepresentation; or
▪ for any matter which it would be illegal for the Event Organiser to exclude or
attempt to exclude liability.
▪ This clause shall be read and construed and shall have effect subject to any limitation
imposed by any applicable law.

6. Publicity and Results

▪ The Participant irrevocably consents to:

his/her appearance in the Event being filmed, recorded, incorporated and exploited in whole
or in part in any television programme, film, video or broadcast of whatever nature by all
means and in all media and formats now or invented after the date of these Conditions; and
the use and reproduction of the Participant's name, likeness, appearance and photographs,
films and recordings by all means and in all media for the purpose of advertising, publicity and
otherwise in relation to the exploitation of the Event (and future events) and/or the promotion
of the Event (and future events) and the commercial rights relating to the Event (and future
events) provided that such use does not imply direct endorsement by the Participant of any
official sponsor or supplier of the Event.

• Any film, photographs (by camera or mobile phone), or any other recording of moving or still
picture, and all intellectual property in connection therewith (including but not limited to
copyright) shall remain the property of the Event Organiser, and where such intellectual
property does not automatically vest in the Event Organiser, these Conditions shall constitute
a legally binding assignment thereof and/or the Participant shall sign all reasonable
documentation required to give affect thereto. Accordingly any such recording shall not be
used other than for private use without the Event Organiser’s prior written consent.

• The Event Organiser will use best endeavours to provide an Event finish time for the
Participant however it cannot be held responsible for any computer result anomalies or any
technical malfunctions.

7. General

• These Conditions (and the documents referred to in them) constitute the entire agreement
and understanding of the parties and supersede any previous agreement between the parties
relating to the Event. The Participant acknowledges and agrees that in submitting the Entry
Form (and the documents referred to in it) it does not rely on, and shall have no remedy in
respect of, any statement, representation, warranty, understanding, promise or assurance
(whether negligently or innocently made) of any person (whether party to these Conditions or
not) other than as expressly set out in these Conditions.

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• Nothing in these Conditions shall constitute or be deemed to constitute a partnership between
the parties hereto or constitute or be deemed to constitute either party as agent of the other
for any purpose whatsoever and neither party shall have authority or power to bind the other
or to contract in the name of the other in any way or for any purpose.

• No waiver by either party of a breach or a default hereunder shall be effective unless in
writing and signed by both parties and any such waiver shall not be deemed to be a waiver of
any subsequent breach or default of the same or similar nature.

• To the extent permitted by law all provisions of these Conditions shall be severable and no
provision shall be affected by the invalidity or unenforceability of any other provision with the
remaining provisions if necessary, being so amended as shall be necessary to give effect to
the spirit of these Conditions so far as possible.

• These Conditions shall be interpreted in accordance with the laws under Bangalore District,
Karnataka and any dispute arising hereunder shall be subject to the exclusive jurisdiction of
the Bangalore Courts.

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