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1. Introduction.

This document sets out the terms and conditions that apply to your registration and participation in events organised by (or in collaboration with) The Grid (Events) Limited or any of our subsidiaries. They in particular cover your purchases to register for events, including from our official site, https://thegridmalta.com/, the event itself, and any related services which we may organise or provide in connection with any such event.

By registering for or participating in any such event, you confirm your agreement to be bound by all the terms and conditions set out in this document and those which are also incorporated within it. Specifically, this document also incorporates within it, as though it were fully set out herein, The Grid Information Pack.

Those documents also apply to your registration and participation in any event, and it is important that you read them in conjunction with these terms and conditions.

2. Definitions:

2.1. The following definitions shall apply in these Terms:

(a) “Agreement” means the legal agreement between you and The Grid with regards to our Events, comprising these Terms and any document incorporated by reference within them;

(b) “Event” means any event organised by or in collaboration with The Grid or our subsidiaries;

(c) “Participant” means any individual who has registered for or in any way participates in an Event, and includes any parent or guardian who has consented on behalf of a minor (under age of 18);

(d) “Terms” means these terms and conditions as set out in this document;

(e) “we”; “us”; “our”;  or “The Grid” means The Grid Events Limited, having  company registration number C 93201 and its registered address at International House, Mdina Road, Mriehel, Birkirkara, Malta; and

(f) “you” means you, the Participant.

3. General.

3.1 The Participant should read these Terms, and any document referred to in them, carefully. They comprise the full binding legal agreement between yourself (the Participant) and The Grid in relation to your registration and participation in any Event. They prevail over and supersede any additional or inconsistent terms, understandings, commitments, agreements, representations or conditions, whether oral or in writing, in any acknowledgement, purchase or registration confirmation or other document that may be issued by either party in relation to any Event.

3.2 These Terms also apply to you, and come into binding effect between yourself and us, if another person has sold or otherwise transferred his or her event registration to you.

3.3 Nothing in these Terms is intended to reduce or remove statutory rights as a consumer. In particular, please contact us for any questions on our refund policy.

PART I: ASSUMPTION OF RISK, LIMITATION OF LIABILITY AND INDEMNITY

4. Release of Liability.

4.1 In consideration of  our agreement to allow you to participate, you, the Participant, hereby waive, release, covenant not sue and forever discharge (both for yourself and your  successors, executors, administrators and legal representatives) The Grid and all of our directors, officers, employees, personnel, agents, volunteers, sponsors and affiliates (each a Released Party) from any and all claims, demands, actions, causes of action, liabilities and damages of any kind which arise out of or in connection with your registration or participation in any Event  (including any which arise from any inherent risks involved in that Event, your assumption of those risks and/or the application of emergency or medical services at the Event). Provided nothing in these Terms shall limit or exclude our liability for fraud, gross negligence, death or personal injury caused by our actions or omissions, or any other liability that cannot be excluded or limited by law.

4.2 This release in this clause 4 includes, but is not limited to, claims for property damage, economic loss, breach of contract, lost wages, contribution indemnity, other indemnities, punitive damages, or any other legally recognisable claim arising out of the Participant’s participation in  the Event (including all legal costs and expenses associated with such claims), and causes of action whatsoever or howsoever arising and brought against them by any third party as a result of the Participant’s actions and/or participation in the Event, including without limitation, the violation of any laws or regulations by the Participant or the Participant’s breach of these Terms and Conditions of Participation.

4.3 The Participant shall defend, indemnify and hold harmless The Grid and all Released Parties against any and all claims, demands, actions, causes of action, liabilities, losses and damages of any kind whatsoever that arise out of or relate to the Participant’s actions, omissions, and/or participation in any Event, including without limit the violation of any laws or regulations by the Participant or the Participant’s breach of these Terms.

5. Assumption of Inherent Risks.

5.1 Our Events are intended to be a test of stamina, strength, endurance and mental fortitude that take place at a specific site, on a specific date. Furthermore, the venue is also part of the challenge and our Events will usually be held in hostile environments that might include intense heat or cold, mud, stones and gravel found on the ground, extreme or abrupt changes in elevation and water.

5.2 Accordingly, you, the Participant, acknowledge and accept that:

(a) the Events are potentially hazardous. The route of any Event may require running and/or cycling on public roadways and on rough uneven terrains which pose hazards and risks and parts of it may be held on public roads and other areas open to the public. It will involve strenuous physical exertion and participants will be required to be active for long periods of time, including (as a further risk) during inclement or very hot weather;

(b) participation in any Event is potentially dangerous and there are numerous risks and dangers associated with it, including but not limited to traffic accidents, collisions with pedestrians, vehicles, drivers and/or fixed or moving objects, and negligence by otherparticipants; and

(c) each Event carries with it inherent risks of physical injury and illness, which could in highly serious cases result in serious bodily harm and/or even death. Inherent risks are risks that cannot be eliminated completely (without otherwise changing the challenging nature of the Event) regardless of the care, measures and precautions taken by The Grid, and may include (but are not limited to) your contact or collision with other persons or objects (such as spectators or course personnel), your encounter with event obstacles, challenging course conditions; natural or weather-related hazards (e.g. uneven terrain, risk of dehydration); judgment and/or behaviour related problems by yourself or others.

5.3 You, the Participant, confirm that you fully understand the inherent risks involved in any and all Events for which you register, and further assert to us that you are willingly and voluntarily participating in the relevant Event. You further acknowledge and confirm to us that:

(a) you understand the nature of the Event and the demands of its activities and obstacles relative to your physical condition;

(b) you appreciate the potential impact of the types of injuries and illnesses that may result from any participation in the Event; and

(c) you are knowingly assuming all of the Event’s potential inherent risks as a participant and are participating with full knowledge and understanding of those risks.

5.4 The Participant acknowledges and understands that it is his personal responsibility to arrange for insurance cover for the Event. The Grid will not provide insurance cover for any Participant. The Participant confirms and accepts that this has clearly explained to the Participant in advance of the Event.

6. Equipment.

6.1 Essential equipment, including specific safety equipment, to take part in the Event are the sole responsibility of the Participant and The Grid strongly advises that these items are obtained and checked by the Participant well in advance. The Grid will not be responsible to provide any essential equipment. It is also your sole responsibility to ensure that your gear and equipment is functional, effective, essential, adapted to the requirements and particulars of the Event and meets and provides all safety needs.

6.2 The Grid accepts no responsibility for the loss of, theft, or damage to any property deposited by the Participant in the Event’s event bag drop off or at any point of the Event course. This includes any loss, theft or damage to any property deposited by the Participant at the bag drop off point while such property is being transported by, or on behalf, of The Grid.

7. Participation.

7.1 You declare that you are physically fit, in good health and in proper physical condition to safely take part in all activities and obstacles during the Event.

7.2 You acknowledge and accept that it is your duty to refrain from participating in any Event if you have or develop any physical or mental condition (including where it arises after initial registration for the Event) that could affect your ability to safely participate in that Event or create a risk of harm or injury to others. It is also your responsibility to continuously monitor your own physical and mental condition during the Event, and you undertake to withdraw immediately and notify the course personnel if, at any point, your continued participation may cause harm or injury to yourself or others.

PART II: RULES, CANCELLATIONS AND REFUNDS.

8. Compliance.

8.1 It is the sole responsibility of the Participant to comply at all times during the Event with all laws, bye-laws and regulations of Malta, including without limitation, all speed regulations, road traffic laws and laws relating to the possession or use of alcohol, drugs or other prohibited substances.

8.2 You understand that failure to comply with these Terms may, at our sole discretion of The Grid, result in your disqualification or removal from the Event or refusal of entry.

8.3 By attending in person the physical site of our Event, then, irrespective of whether you are participating or not, you are required to comply with the health and safety rules of that Event and these Terms. Otherwise you will be asked to leave the Event site.

8.4 You understand that we will not tolerate any actions from participants or other individuals that may at any time put themselves or others at risk. Individuals who do so in any manner will be required to remove themselves from the Event immediately. They shall not be entitled to any refund and we may, at our sole discretion, refuse to allow any such individual from participating in any future events which we may conduct or otherwise organise. You also acknowledge and accept that we are not responsible for the actions or omissions of other participants or any other individuals present at the site who are unrelated to The Grid (including spectators).

9. Event Rules.

9.1 For reasons of fairness, safety and the integrity of our Event, the Participant is expected to abide by the following rules and regulations as laid out in this Clause 9. Ignorance of these rules and regulations shall be regarded as no excuse and failure to comply with any of them may lead to time penalties, disqualification or removal from the Event or refusal of entry or participation, at our discretion. You acknowledge and accept that you will not be entitled to a refund.

9.2 General Rules.You, the Participant, shall and undertake to at all times during an Event:

(a) show respect for the environment, landowners, local communities and other recreational users and behave appropriately;

(b) follow and adhere to the local laws and bye-laws;

(c) act respectfully to all participants, people, equipment, property and facilities;

(d) ensure that you are wearing or carrying the appropriate kit or gear;

(e) not tamper or interfere in any manner with any of the facilities or obstacles pertaining to the Event (whether before, during or after the Event);

(f) not interfere with the timing mats or boxes or their positioning;

(g) not stay or steer off the course or enter any out-of-bounds areas;

(h) not solicit, obtain or attempt to obtain, any outside assistance;

(i) not cheat or make use of any prohibited assistance (“cheating” would include, but is not limited to, shortcuts, use of banned substances, use of vehicles or transportation services or any wheeled equipment);

(j) alert the course personnel ASAP where a participant is in need of medical attention or where there is any accident or incident and ensure that any injured participant in proximity to you is being adequately seen and attended to before continuing the Event;

(k) cooperate fully with our officials and personnel at all times and abide by all instructions and directions given by them relating to the Event; and

9.3 You agree, warrant and undertake that you will not be under the influence of alcohol or any non-prescription drugs or any other substances during your participation in the Event.

9.4 All decisions by us regarding any aspect of the Event are final and binding and no correspondence will be entered into about them.

10. Postponement, Cancellation.

10.1 You acknowledge that your event purchases and registrations are for a specific date. We may however modify, cancel or postpone any given Event at our discretion if circumstances or forces beyond our reasonable control arise which prevent us from administering, holding or performing that Event as planned (including abnormal or adverse weather conditions, flood, storm, utilities failures, pandemics, or where resulting from any, or changes to any, legislation). We will notify you (by email or public announcement) should this arise.

10.2 We also reserve the right to cancel or postpone an Event  if,  one (1) month before its scheduled date, we have not, in our sole discretion, received sufficient number of applications to ensure that there are or will be enough participants to make that Event economically viable.

10.3 The Participant is aware and accepts that any Event is not guaranteed to take place at the time of reservation and that there may be changes to the starting or end time.

11. Refunds, Deferments and Transfers.

11.1 We will not refund, or release you from your obligation to pay, any portion of the Event fee once you have shown up for the Event. Similarly, once an Event has taken place, no refunds will be issued for any circumstances other than those expressly stated in this clause 11, including (but not limited to) obstacle closures, queues at obstacles, route markings (or lack of markings), withdrawal, injury or general dissatisfaction. Additionally, we will not consider your request for a refund if you fail to attend the Event. This policy is non-discriminatory and does not take account of individual circumstances in order for fairness and clarity.

11.2 Where we have cancelled an Event or relocated it to another country causing you to be unable to attend, you will have the following options: (i) either to request and obtain a refund of your Event fee, or (ii) to participate in another but comparable Event and in which case you will not be entitled to any refund. If, subject to these provisions, you request and have the right to obtain a refund from us, that refund will be limited to the Event fee and only up to the amount which you have actually paid to us as at the date of your request. Refunds will not be provided for reasons relating to any route variation or modification or changes to the course obstacles.

11.3 Where the Participant is unable to participate in the Event due to any reason, including but not limited to injury, illness, travel issues, venue or date change, we will not be liable for any costs incurred by the Participant relating to private travel, accommodation or other similar costs.

11.4 If you are unable to attend the Event, then you may:

(a) transfer your Event registration/ticket to another person, provided that we have not expressly stated otherwise by either (i) express instruction, (ii) public announcement through our website or (iii) individually, in writing, to the participants. If the transfer is permitted, the requested transfer must be emailed to us at [email protected] within fourteen (14) clear days before the date of the Event (and must include details about the person to whom it is being transferred). An administration fee of €5.00 will be levied by us for the transfer and will need to be paid before the transfer it can be confirmed; or

(b) transfer your Event registration/ticket to the following event next season, provided that we have not expressly stated otherwise by either (i) express instruction, (ii) public announcement through our website or (iii) individually, in writing, to the participants. If the transfer is permitted, the request must be emailed to us at [email protected] within ten (10) clear days before the date of the Event and, upon our receipt, we will contact you to arrange the transfer. An administration fee of €5.00 will be levied by us for the transfer and will need to be paid before it can be confirmed. If you then fail to attend that following event, you will not be allowed to further defer or transfer to another event and your Event fee will be kept by us and will not be subject to any refund.

11.5 Event resverations/tickets may be transferred between categories, provided that (i) there are slots still available for the requested category, (ii) the request is emailed 10 clear days before the date of the Event to [email protected] and (iii) any additional costs (including any difference/s between the prices of the relevant categories) are paid in full by the Participant. An administration fee of €5.00 will be levied for the transfer and will need to be paid in advance.

11.6 This clause 11 does not affect the Participant’s statutory rights as a consumer. Please contact The Grid for any questions which you may have as to our refund, deferment and transfer policy.

12. Breach.

12.1 This Clause 12 will apply if you (the Participant) fail to comply with these Terms, including but not limited to, where you:

(a) fail to complete our medical form;

(b) fail to show proof of identification;

(c) cause or risk causing damage to any property or facility of any kind;

(d) endager or are negligent towards your safety or that of others; or

(e) breach or disregard any of the event rules set out in Clause 11.

In such circumstances, you will be held to be in breach of these Terms and, without prejudice to any of The Grid’s other rights and remedies, you will not be provided with a race pack and will not be allowed to participate or (if the breach occurs during the Event) continue participating, in the Event. The Grid will retain your Event fee, without prejudice to our right to sue for any damages incurred due to your actions and/or behavior. Depending on the seriousness of the breach, we may also at our discretion ban you from any or all of our future Events

12.2 In order for the Event to be successful (both for The Grid and the participants), we require collective cooperation from all participants. The Participant acknowledges that the duty of care is a general legal duty on all individuals to avoid carelessly causing injury to others. Each Participant has a duty to take reasonable care for his/her own health and safety and that of others who may be affected by what the Participant does or does not do.

13. PART III: MISCELLANEOUS

13.1 By attending an Event, the Participant acknowledges that photography, video recording, and/or live streaming may take place. These images and recordings may include identifiable individuals and may be used by The Grid for legitimate interests, such as documenting the event, internal reporting, marketing, and promotional purposes (e.g., website, social media, print materials). Participants who do not wish to be part of or included in any Event photographs or recordings have the possibility to object to such processing by requesting from us and wearing a specific badge indicating this.

13.2 The Participant understand and accepts that all and any photographs, recordings (including video) and images of the Event by, or on behalf of, The Grid (including any which include the Participant), and the relevant media on which they are recorded, shall (together with their respective intellectual property rights) be the sole and exclusive property of The Grid (collectively, the “Materials”). The Participant hereby fully waives in favour of The Grid any right which it may have to inspect or approve the Materials and any claim which it may have or obtain arising out of the use of any Materials, or their modification, or any promotional materials relating to any Event.

13.3 We shall not be under any obligation to include or capture you, the Participant, in any photographs or recordings of the Event, or to publicise or use any photographs or recordings that you appear in.

13.4 The Participant shall be allowed to take photographs and recordings of his participation in the Event for non-commercial purposes (that is, personal and private use only). The Participant is not permitted to reproduce or use photographs, recordings or footage of the Event, or any Materials or any branding of The Grid, on any website or in any printed or digital media or in any other medium or material whatsoever without first obtaining the prior written consent of the Grid. The Participant hereby agrees to assign (including by way of future assignment) to The Grid all his rights, title and interests in and to all of his Event photographs and recordings and their intellectual property rights.

13.5 Amendment. We reserve the right to, at our discretion, change, modify, add, or remove any provisions or portions of these Terms at any time by posting the Amended Terms on our website. Amended Terms shall generally apply prospectively and will not affect registrations for upcoming Events that were completed before the date the Amended Terms were published. The only exception is where an amendment is strictly required to comply with any applicable law or regulation; in such cases, the Amended Term shall also apply to such completed Event registrations, but only to the minimum extent necessary to achieve legal compliance.

13.6 Complaints. Any complaint or other communication to be given by you in connection with these Terms must made in writing and sent by electronic mail to: [email protected].

13.7 Assignment. These Terms are personal to you. You may not assign or transfer any of your rights or obligations under these Terms without our prior consent. Any unofficial or unauthorised resale or transfer of event registrations is strictly prohibited.

13.8 Severance. If any provision in these Terms (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part provision shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision, to the extent required, shall be deemed not to form part of these Terms, and the validity and enforceability of the other provisions in these Terms shall not be affected.

13.9 Governing Law. These Terms, including all documents incorporated by reference in them, shall be governed by and construed in all respects in accordance with the laws of Malta.

13.10 Disputes. Disputes arising from these Terms, or any other aspect of the Agreement, shall be resolved by competent courts or tribunals of the country where the Participant is located. You may also refer a dispute to the consumer disputes board or other corresponding out-of-court institution in your domicile, which in Malta is the following:

Complaints and Conciliation Directorate

Malta Competition and Consumer Affairs Authority
Mizzi House
National Road
Blata l-Bajda
Telephone: +356 2395 2000
Website: https://mccaa.org.mt/Section/Content?contentId=1193.

Address for the service of any notices can be made:

The Grid Events – International House, Mdina Road, Mriehel, Birkirkara, Malta or via email on Info@the gridmalta.com