Term & Conditions OMRA Online Entry System Terms & Conditions This page (together with the documents referred to on it) tells you the terms and conditions (“the Terms”) on which OMRA accepts electronic entries placed for any events via our website www.omra.org.uk (“the Website”) and our membership and events portal, memberplanet.com. Please read these Terms carefully and make sure that you understand them before placing an entry on the Website. You should understand that by submitting your entry form (“Entry Form”), you agree to be bound by these Terms. By submitting my Entry Form electronically, I hereby declare that: 1. I understand that the event that I am entering (“the Event”) will be run under the technical regulations, guidelines, bye laws and rules of OMRA (“the Rules”) ; I hereby agree to comply with the Rules and any other rules stipulated by the relevant Event Organiser (“the Event Organiser”). I understand that I will not be entitled to a refund of my entry fee (“Entry Fee”) if I am disqualified from the Event as a result of, or infringement of these Terms or the Rules. 2. I understand that it is my responsibility to understand and abide by the Rules before, during and after the Event; and I agree that the decision of OMRA and/or the Officer of the Day and/or the Event Organiser will be binding and final in all circumstances. 3. I will be at least 16 years old on the date of the Event and am entering my own details, or am the parent or legal guardian of a child and am entering the Event on their behalf. 4. I acknowledge that Event entry is personal to me and that I may not exchange it with or sell it to or transfer it to any other person. 5. I agree to conduct myself in a professional, courteous, and cautious manner during my participation in the Event and understand that I may be disqualified from the Event if I do not do so. I accept that, in relation to my participation in the Event, the function of the officials and relevant signage is only to indicate direction and that I must decide if my actions are safe. 6. I understand and agree that I participate in the Event entirely at my own risk, that I must rely on my own ability in dealing with all hazards, and that I must conduct myself in a manner that is safe for myself and all others throughout the duration of the Event. 7. During my participation in the Event I will act with care and attention and will abide by the OMRA Rules, and any other requirements stipulated by the Event Organisers/Officials. 8. I am aware of the nature of the Event and associated risks involved. I further certify that I am physically capable of participating in the Event. I will only participate in the Event if I am fit enough to do so. 9. If I have any medical condition/s, including allergies, which the Event Organiser or Event medical advisors might need to be aware of, I undertake that I will provide details of these on arrival at the event to the Organisers. 10. I accept full liability and responsibility for any medical expenses incurred as a result of participating in the Event. 11. I accept that OMRA, the Event Organiser (if different to OMRA), the Event sponsors, organisers, officials, medical advisers and any person officially involved in the organisation of the Event are not liable for any injury or illness that I may suffer as a result of my participation in the Event, whether prior to, during or subsequent to the Event. 12. Whilst the Event Organiser takes every care with the staging of the Event, I accept that I must make all reasonable precautions for the safeguarding of my person and of my property during my participation in the Event. 13. I accept that it is my responsibility to use suitable safety equipment when in the Rescue Boat. 14. I accept that the Event Organiser reserves the right to amend the Event format or cancel the Event for any reason including (but not limited to) health and safety reasons, storm, rain, inclement weather, winds or any other Act-of-God conditions. OMRA will make every reasonable effort to ensure entry fees are refunded in this eventuality. 15. I understand that OMRA does not authorise racer withdrawals or refunds – this is the sole responsibility of the Event Organiser. However the Race Event Organiser may advise OMRA to facilitate the refund process, 16. OMRA reserves the right to create, edit or amend an administration charge per Event at any time, based on a genuine need. This includes during the period between and entry open and close dates for the Event. 17. I understand that confirmed entry to the Event is dependent on a fully and accurately completed online Entry Form; and receipt of payment to cover my Entry Fee prior to the publicised closure date in advance of the Event. If either of these conditions is not fulfilled then my entry may not be valid nor accepted, and I may not be eligible to take part in the Event. 18. Through my completion and submission of the online Entry Form, I am committing to paying for my Event entry via the means as instructed on the Website. 19. I accept that all correspondence and enquiries about the Event shall be directed to the relevant Event Organiser. OMRA cannot deal with enquiries relating to individual Event entries. 20. I irrevocably consent to my appearance in any media format, in relation to the publicity of the Event, and in future publicity and advertising of OMRA and the Event Organiser; provided that such use does not imply my direct endorsement of any official sponsor or suppliers of the Event. 21. I understand that my personal details (including but not limited to name, age group, gender, race category, finishing time, finishing position) will be stored electronically by OMRA. Such information may appear on the public list of participants and result list for the Event. By entering the event, the driver or their representative consents to the organiser being given access to their data. 22. All decisions and rulings by OMRA, the Event Organiser, officials, employees and their agents are considered final. 23. OMRA reserves the right to vary these Terms effective immediately upon posting on the Site. Limitation of Liability – your attention is particularly drawn to this section 24. If for any reason the Event is cancelled or postponed, please review the specific event details. If a refund is appropriate, the participant should contact the Event Organiser for them authorise any refund. 25. The aggregate liability of OMRA in respect of any loss or damage suffered by any participant and arising out of or in connection with these Conditions shall not exceed the entry fee. 26. Subject to clause 25, neither OMRA nor the Event Organiser shall be liable for losses that result from our failure to comply with these Terms that fall into the following categories (even if such losses result from our deliberate breach): (i) loss of income or revenue; (ii) loss of business; (iii) loss of profits; (iv) loss of anticipated savings; (v) loss of data; or (vi) waste of management or office time. 27. Nothing in these Terms excludes or limits OMRA or the Event Organiser’s liability for (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; (iii) any breach of the obligations implied by section 2 of the Supply of Goods and Services Act 1982; (iv) any deliberate breaches of these Terms that would entitle you to terminate the Terms; or (v) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability. 28. These Terms (and the documents referred to within 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 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 this agreement or not) other than as expressly set out in these Terms. 29. To the extent permitted by law, all provisions of these Terms shall be severable and no provision shall be affected by the invalidity or un-enforceability of any other provision. 30. Neither OMRA nor the Event Organiser will be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Terms that is caused by events outside our reasonable control (“Force Majeure Event”). 31. A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.32. These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction.