TERMS AND CONDITIONS
This entry process refers to the FIM Trial Regulations.
Acceptance of the terms and conditions confirms that the rider is aware and knows the 2018 FIM Trial Regulations, especially the article 2 (Entries, Riders and Teams). The rider also confirm that they will read and accepted the document “Important information for the riders and assistants” presented at the Administrative control.
Please note that all entry fees are non-refundable.
Art. 60.5 of the FIM Sporting Code
As a participant in an 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 a FIM Championship or Prize event or an International event including any practice sessions for that event save 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, the organisers and officials, the employees, officers and agents, from and against any and all liability to third parties for any loss, damage or injury for which they are liable.
The rider acknowledges and agrees that he takes part in the event(s) referred to this entry form at his own risk and own liability for any and all damages, loss or injury caused to a third party and/or to them or by them or by their motorcycle arising from his participation in the event.
DECLARATION OF UNDERTAKING
The rider hereby confirms that he requests to be entered for the above indicated event(s) counting for the 2017 FIM Trial World Championship/ FIM Prizes. They hereby acknowledges and agrees to respect Art. 2 (Entries, Riders and Teams) of the FIM Trial Regulations.
By so doing, they expressly commits himself to taking part in this (these) aforementioned event(s) counting for the FIM Trial World Championship/FIM Prizes held in 2017. This contractual commitment is final and irrevocable. They are 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 2017 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 from the participant.
The rider attests to the accuracy of the information provided. They confirm that they are cognisant with and accepts the FIM Sporting Code, 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 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 http://www.fim-live.com. Any change to the above texts made according to the prescribed procedures is deemed to be accepted by the undersigned participant.
Furthermore, the rider undertakes to comply fully with the instructions and directives of the FIM, the organisers and the officials.
The rider also attests in particular that they are cognisant with the FIM Anti-doping Code currently in force and agrees to submit to it unreservedly. The current list of prohibited substances is available at www.wada-ama.org and in the FIM Anti-Doping Code at http://www.fim-live.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 they do not at any time cause any prejudice to the FIM or its reputation by his conduct or any public statement he may make. They acknowledge and agree that any action or misconduct on his part on 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.
They accepts and are 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.
EXPLOITATION OF IMAGE RIGHTS
The rider formally acknowledges and accepts unconditionally and irrevocably that Sport7 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 (the “Material”) which has any connection with his participation in the 2017 FIM Trial World Championships/FIM Prizes or in any FIM sporting or non-sporting event.
In connection with his participation in the 2017 FIM Trial World Championships/FIM Prizes or in any FIM sporting or non-sporting event, he hereby agrees that Sport7 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 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 Sport7 and, if applicable, the FIM's licensees and assigns from any and all claims he might have in connection with Sport7’s and, if applicable, Sport7's licensees’ and assigns’ use, display, dissemination or exploitation of such materials, including, but not limited to any claims for defamation.
By submitting this entry form, the participant (rider and team) herein 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 DUTIES
By submitting this entry form, the participant (rider and team) herein formally acknowledges and accepts that Sport7, 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 fulfil various promotional / PR duties in the best interest of the championship given that the requests are of a reasonable nature, reasonable notice is given to the participant and that Sport7 covers any reasonable out of pockets expenses incurred by the participant. These duties might include, but are not limited to autograph signing sessions during each event, and pre-event press calls etc.
The rider having won a FIM World Championship title, in any class or discipline, must be present at the FIM Prize-Giving Ceremony organised each year. A rider who does not attend the Ceremony will be subject to a minimum fine of CHF 10'000.- and of CHF 100'000.- maximum (FIM Sporting Code Art. 60.7)
Any rider failing to take part in an event or competition may incur a financial penalty (Art.5.20 Financial Penalties). In case of duly justified absolute incapacity (i.e. illness, accident or injury) to participate in an event or competition, the rider must obtain a medical certificate and inform the FIM Secretariat before the event or competition concerned, in accordance with the FIM Trial World Championship regulations.
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, such other insurance, e.g. health/accident/travel, as a reasonable and prudent party in his position would normally put in place).
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 4 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.
Acknowledgement and Agreement of the FIM Anti-Doping Code
As a member of a national federation (FMN) and/or a participant in an event authorised or recognised by the FIM, CONU or FMN, I hereby declare as follows:
- I acknowledge that I am bound by, and confirm that I shall comply with, all of the provisions of FIM Anti-Doping Rules (as amended from time to time), the World Anti-Doping Rules (the “Code”) and the International Standards issued by the World Anti-Doping Agency, as amended from time to time, and published on WADA’s website.
- I consent and agree to the creation of my profile in the WADA Doping Control Clearing House (“ADAMS”), as requested under the Code to which the FIM is a Signatory, and/or any other authorized National Anti-Doping Organization’s similar system for the sharing of information, and to the entry on my Doping Control, Whereabouts and Therapeutic Use Exemptions (“TUE”) related data in such systems.
- I acknowledge the authority of the FIM and its member National Federations (“FMN”) and/or National Anti-Doping Organizations under the FIM Anti-Doping Rules to enforce, to manage results under, and to impose sanctions in accordance with the FIM Anti-Doping Rules.
- I acknowledge and agree that any dispute arising out of a decision made pursuant to the FIM Anti-Doping Rules, after exhaustion of the process expressly provided for in the FIM Anti-Doping Rules, may be appealed exclusively as provided in Article 13 of the FIM Anti-Doping Rules to an appellate body for final and binding arbitration, which in the case of International-Level Riders is the Court of Arbitration for Sport (CAS).
- I acknowledge and agree that the decisions of the arbitral appellate body referenced above shall be final and enforceable, and that I will not bring any claim, arbitration, lawsuit or litigation in any other court or tribunal.
I have read and understand the present declaration.