This entry process refers to the FIM Trial Regulations.
Any references to the male gender in this document are made solely for the purpose of simplicity, and refer also to the female gender except when the context requires otherwise.
TERMS AND CONDITIONS
By accepting the present Terms and Conditions, the Riders confirm that they have familiarised themselves with the latest edition of the FIM Trial Regulations, especially article 2 (Entries, Riders and Teams). The Riders also confirm that they will read and accept the document “Important information for the Riders and assistants” presented at the Administrative control.
Furthermore, the Riders undertake to comply fully with the instructions and directives of the FIM, the organisers and the officials.
Please note that all entry fees are non-refundable.
Paddock (vehicle) fees are applicable and will be notified in advance.
PASSES
By submitting this entry form, the participant (Rider and team) formally acknowledges and accepts that they must wear and display their official passes at all times – and are only exempt from doing so when they are riding their motorcycle during practice / warm up / event.
PROMOTIONAL / PR ACTIVITIES
By submitting this entry form, the participant (Rider and team) formally acknowledges and accepts that FIM, in its capacity of promoter and organiser of the FIM Trial World Championship has the right to make requests to the participant (Rider and team) to perform various promotional / PR activities in the best interest of the FIM Trial World Championship, provided that the requests are of a reasonable nature, reasonable notice is given to the participant and that FIM covers any reasonable out of pocket expenses incurred by the participant. These activities might include, but are not limited to autograph signing sessions during each event, and pre-event press calls etc.
PRIZE-GIVING CEREMONY
The Rider having won an FIM World Trial Championship title, in any class or discipline, must be present at the FIM Awards Ceremony organised each year. A Rider who does not attend the FIM Awards Ceremony will be subject to a minimum fine of CHF 10'000.- and of CHF 100'000.- maximum (FIM Sporting Code Art. 60.7)
DECLARATION OF UNDERTAKING
The Rider hereby confirms that requests to be entered for the above indicated event(s) counting for the 2023 FIM Trial World Championship/ FIM Prizes and hereby acknowledges that is aware of and agrees to comply with Art. 2 (Entries, Riders and Teams) of the FIM Trial Regulations. The Rider attests to the accuracy of the information provided.
By submitting the entry form, the Rider expressly undertakes to take part in the said Event(s) counting for the FIM Trial World Championship/FIM Prizes held in 2023. This contractual commitment is final and irrevocable. He is aware and accepts that an event may be cancelled, moved to another place or replaced by another event and that there may be one or more events in 2023 in addition to those listed without this giving rise to any indemnity whatsoever (i.e. any such decision(s) will not give rise under any circumstances to any claim against the FIM / FIM Promoter (if any) from the participant.
He confirms that he is cognisant with and accepts the FIM Sporting Code, the FIM Statutes in force and the relevant FIM Regulations and Codes including but not limited to the FIM Code of Ethics, the FIM Anti-Doping Code, the FIM Medical Code, the FIM Environmental Code, the FIM Disciplinary and Arbitration Code and the Regulations of the FIM Trial World Championship currently in force. These texts are available at fim-moto.com. Any change to the above texts made according to the prescribed procedures is deemed to be accepted by the participant.
The Rider also attests in particular that he is cognisant with the FIM Anti-doping Code currently in force and agrees to submit to it unreservedly (see Anti-Doping Acknowledgement and Agreement below). The current list of prohibited substances is available at http://www.wada-ama.org and in the FIM Anti-Doping Code at fim-moto.com.
The Rider accepts and is fully aware that any necessary information concerning any injury and/or any medical or health status relating to him can be given by the attending doctor to the medical representatives having responsibility for the event (Chief Medical Officer and/or Clerk of the Course and/or Race Director) and to his doctor and relatives.
The Rider also undertakes to ensure that he does not cause any prejudice to the FIM or its reputation by his conduct or any public statement he may make. He acknowledges and agrees that any action or misconduct on his part or outside the “field of play” prejudicial to the interests of the FIM or of motorcycle sport (including but not limited to violent or dishonest conduct, racist, threatening, abusive, indecent or insulting words or behaviour) or non-compliance with the instructions and directives of the FIM, the organisers and/or the officials may be sanctioned by the appropriate FIM body.
The Rider accepts and is fully aware that the Court of Arbitration for Sport in Lausanne, Switzerland has exclusive jurisdiction to receive any appeal against final decisions handed down by the FIM’s jurisdictional bodies or the FIM’s General Assembly. The dispute will be resolved definitively in accordance with the Code of Sports-related Arbitration.
LIABILITY
Art. 60.5 of the FIM Sporting Code applies.
As a participant in the above Event, the Rider exonerates the FIM, the FMNR, the CONUs, the FIM Promoter, the organisers and the officials, their employees and officers, agents and other participants (e.g. Rider, assistant and/or team) from any and all liability for any loss, damage or injury which he may incur in the course of participating in the said Event including any practice session for that event except where Article 110.3 of the FIM Sporting Code applies.
Furthermore, the Rider undertakes to indemnify and hold harmless the FIM, the FMNR, the CONUs, the FIM Promoter (if any), the organisers, officials, the employees, officers and agents, from and against any and all liability to third parties for any loss, damage or injury for which he is liable.
The Rider acknowledges and agrees that he takes part in the Event(s) referred to on this entry form at his own risk and assumes full responsibility for any and all damages, loss or injury caused to a third party and/or to himself by him or by his motorcycle arising from his participation in the Event.
IMAGE RIGHTS
The Rider formally acknowledges and accepts unconditionally and irrevocably that the FIM has the full right to use, sub-licence and/or commercially exploit in all forms, via any medium, without charge or limitation (including for any promotional, marketing, advertising, commercial, educational, corporate, ceremonial, historical, internal, archival or informational purposes) any filmed and/or photographic and/or video recorded and/or computer generated images (including video, Internet or electronic games) portraying him, his name(s), motorcycle(s) and wardrobe fittings (including number and helmets) sounds, voice (including but not limited to any statement and/or testimonial) and any sign, logo trademark of any nature or type connected with him or his motorbike and, where applicable, those of his Assistant, his Team Manager or any other person involved in his participation in the 2023 FIM Trial World Championships/FIM Prizes or in any FIM sporting or non-sporting event (the "materials").
In connection with his participation in the 2023 FIM Trial World Championships/FIM Prizes or in any FIM sporting or non-sporting event, the Rider hereby agrees that the FIM shall have the right to record (with the right to sublicense, subcontract and /or assign) his participation, appearance, image, likeness and voice (including but not limited to any statement and/or testimonial) on video tape, audio tape, film, photograph or in any other medium and to exploit and publish the same in any form of publication or via any medium (including but not limited to TV, Radio, print, magazine, newsletter, electronic media, mobile applications, video, Internet, OTT, NFT, metaverse or electronic games). He hereby unconditionally and irrevocably consents to the FIM’s and the FIM's licensees’, and assigns’ use and exploitation of such materials for promotional, marketing, advertising, commercial, educational, corporate, ceremonial, historical, internal, archival or informational purposes without charge. He hereby releases and discharges FIM and, if applicable, the FIM's licensees and assigns from any and all claims he might have in connection with FIM’s and, if applicable, FIM's licensees’ and assigns’ use, display, dissemination or exploitation of such materials, including, but not limited to any claims for defamation.
UNAVAILABILITY TO TAKE PART
Any Rider failing to take part in an event or competition may incur a financial penalty (Art.5.22 Financial Penalties). In case of duly justified absolute unavailability (i.e. illness, accident or injury) to participate in an event or competition, the Rider must obtain a medical certificate and inform the FIM before the event or competition concerned, in accordance with the FIM Trial World Championship regulations.
INSURANCE
Each Rider is solely responsible for determining and taking out all the appropriate/necessary insurance he may require in relation with his participation in the event(s) (i.e. general liability insurance to adequately cover the risk of any loss, cost, liability or damages arising out of or in connection with his participation to the event(s) and, any other insurance such as health/accident/travel, that any reasonable and prudent party in his position would normally obtain).
DATA PROTECTION
The Rider expressly authorises the FIM to collect, process and storage its personal information, including sensitive medical data, to the extent necessary to fulfil precise purposes related to FIM activities as a governing body of motorcycling sports, including but not limited to the application of the FIM Anti-Doping Code.
Any Rider submitting his medical information including sensitive personal data, to obtain a FIM license shall be deemed to have agreed, pursuant to applicable data protection laws and otherwise, that such information may be collected, processed, disclosed and used for the purposes of the application of the FIM Medical Code by any FIM Medical Director or Officer, CMO, FIM Medical Delegate, CMI Coordinator, FIM Medical Representative in accordance with data protection laws (including specifically with the International Standard for the Protection of Privacy and Personal Information).
The Rider is entitled under the GDPR or equivalent applicable data protection laws to request that the FIM erase, rectify or provide him with any personal data FIM holds about him under the applicable data protection laws by sending a written request to gdpr-request@fim.ch.
APPLICABLE LAW AND JURISDICTION
Any dispute arising from or in connection with this entry form (including its validity or interpretation) as well as any dispute between the participant and the FIM (cf. Article 54 of the FIM Statutes) shall be governed by and interpreted exclusively in accordance with Swiss law without reference to (its) conflict of law rules and shall be submitted exclusively to the Court of Arbitration for Sport in Lausanne, Switzerland, and resolved definitively in accordance with the Code of Sports-related Arbitration.
