Please Read all the the Terms & Conditions below carefully:
Recital
Whereas:
1. The Agent as Principal and not agent of the Rider warrants that:
1.1 he/she is the Father/Mother/Legal guardian of the rider named on this form
1.2 insofar as may be necessary the Agent is authorised to agree to this agreement on behalf of the Rider.
1.3 insofar as may be necessary and appropriate, the agent has informed the Rider of the contents of this agreement and all documents referred to herein.
1.4 the Agent is unaware of any mental or physical impediment which would prejudice him/her in any activity licensed by the BSMA.
1.5 the Agent has read all of the BSMA rules relating to the BSMA, discipline, competitions and competence which are set out in the booklet entitled BSMA Competition Rules and Disciplinary Code (“The BSMA Rules”)
1.6 the Rider is eligible and competent (within the meaning of the BSMA rules and all annexes thereto) to compete in all and any Events organised in the next year by BSMA and/or any BSMA member within the meaning of the BSMA Rules (“The Event”)
1.7 the Rider has a current, valid BSMA license.
1.8 the Agent is aware of the BSMA’s supervisory function at the Event and of it’s disciplinary powers.
2. Save as expressly agreed to the contrary in the terms of this agreement namely clauses 2, 12.2, 13 and 15 below, the BSMA makes this agreement as agent for and for the benefit of it’s members, it’s and their servants and agents. Therefore, save in clauses 2, 12.2, 13 and 15 below, reference to the BSMA shall incorporate reference to the BSMA members and it’s and their servants and agents.
3. Events during the year will be held under the supervision of the BSMA. Therefore a license is necessary to compete in this Events.
4. The agent is aware that but for the provisions of this agreement, the fee payable for granting a license would be £1000. It is agreed that.
1. On payment of the license fee of £ by the agent on behalf of the Rider and in consideration of the warranties set out above and the terms set out herein, the BSMA grants the Rider a competition License permitting the Rider to take part in and to compete in Events during the BSMA’s present term as defined in the
2.At all times the only duty which the BSMA itself as principal owes or shall owe to the agent and/or rider is:
2.1 to ensure all courses at all Events comply with the minimum standards laid down in the BSMA rules.
2.2 to exercise reasonable skill and care in selecting the Scrutineer and Clerk of the Course.
3. The Agent shall operate as a Marshall when and if required to do so by the BSMA.
4. The Agent shall notify the BSMA if and when the Rider develops or becomes subject to any mental or physical impediment which would prejudice him/her in any activity licensed by the BSMA.
5.The Agent, both as Principal and as agent for the Rider, shall, together with the Rider, walk the entirety of the track on which the Rider will compete at all Events in which the Rider will compete and shall ensure that he is completely satisfied that the Rider is fit and competent at that time to compete on that circuit without causing injury, loss or damage to himself or any other person or property .
6. The agent both as Principal and agent for the Rider at all Events shall explain the nature and difficulties of the track to the Rider and ensure that:
6.1 the Rider has full knowledge of said nature and difficulties.
6.2 the Rider will only compete possessing said full knowledge.
6.3 the Rider will compete only in the knowledge that the risks associated with competing will be borne by him or her.
6.4 in so riding the track, the Rider will know that he or she is assuming all risks associated therewith and will therefore assume all risks associated therewith.
7. The Agent and the Rider shall abide by the BSMA Rules at all times.
8. At all Events which the Agent and/or Rider attends, the Agent and/or Rider shall abide by all instructions given by a Marshal, Steward, Clerk of the Course, Scrutineer, servant or agent of he BSMA or BSMA Member (“the Officials”)
9. Where, in the opinion of the BSMA, the Agent and/or Rider breaches any of the BSMA Rules or does not comply with any instruction given by the Officials, the BSMA, at it’s own discretion, may reduce the number of points awarded to a Rider and/or exclude the Agent and/or Rider form further participation in any Event.
10. In the event of exclusion as set out above, the Entry fee paid by the Agent on behalf of the Rider shall be forfeit.
11. Where, in the opinion of the BSMA, the Agent and/or Rider breaches any of the BSMA Rules or does not comply with any instruction given by the Officials, the BSMA may, at it’s own discretion, discipline the Agent and/or the Rider in accordance with the appropriate Rules.
12. The Agent and Rider accept that the Rider in competing Events will be engaged in a hazardous activity which can cause death or personal injury both the the Rider and others. In those circumstances:
12.1 the Agent and Rider agree that the Rider freely accepts now and in the future and at all material times all risk of death or personal injury occurring in the course of that hazardous activity;
12.2 the Agent and Rider accept now and in the future all material times that the BSMA itself as Principal does not and will not owe the Agent or Rider a duty of care other than that laid down by statute or as provided for by this agreement.
13. The Agent and Rider agree to waive any right of action which they might have against the BSMA itself as Principal and/or hereby exempt the BSMA itself as Principal from any liability in respect of any loss or damage save where said right of action and/or loss and damage accrues form the actual negligence of the BSMA itself as Principal in performance of the duties set out at clause 2 above.
14. For the avoidance of doubtt, the Agent and Rider do not hereby waive any right of action that they may have against independent contractors of the BSMA or as against BSMA Members.
15. The Agent as principal and not as agent for the Rider for the period of this agreement agrees to indemnify the BSMA in respect fall injury, loss and damage caused to the Rider and/or any property of the Rider howsoever caused.
16. The Agent and Rider agree that they are and will be liable for any injury, loss or damage caused by either or both of them, their servants or Agents to any other persons or property and agree to indemnify the BSMA introspect of the same.
17. The Agent and Rider will abide by any decision reached by the Disciplinary Committee and/or the Executive Committee of the BSMA in accordance with the BSMA Rules.
18. The Agent and Rider agree to waive any right of action which they might have against the BSMA in respect of all and any decision so reached in accordance with he BSMA Rules.