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Virtual Race General Terms

IMPORTANT NOTICE

Your attention is drawn in particular to clauses rendered in bold capitals in these terms. What follows is a summary for your convenience and does not form part of the agreement between you and us. It is your responsibility to read the clauses referred to:
• If the participant is a minor, i.e. younger than 18, he or she may not participate unless his or her parent(s) or legal guardian(s) have agreed to be bound by these terms (clause 5.1).
• You acknowledge that there are risks and hazards associated with an event of this nature (clause 6.2).
• You limit our liability and indemnify us for various acts or omissions (clause 7).
• You agree to indemnify our service providers from and against, any loss, damage, injury, disability, death, expense, cost or liability (clause 8).
• The rules for each event are available on the Website for the event and in the Virtual Race Entry Terms and Conditions or upon request from the event organiser (clause 10.1).
• You agree to comply with applicable sporting code and applicable law and agree to indemnify us for any damage you may sustain because you breach these.
• You give us permission to use certain of your personal information (clause 11).

1. What is this agreement about?
1.1. In broad terms, this is an agreement between you and us (ASEM Running (Pty) Ltd) that sets out our general account terms applicable to each user of the Cape Town Marathon Website and each participant in the Virtual Cape Town Marathon; the Virtual 10km Peace Run and the Virtual 5km Peace Run (“events”). It is important that you read and understand the contents hereof, as you will be bound to these terms.
1.2. You will need to download a mobile application (an “App”) to participate in the events, and you will have to agree to any terms and conditions dealing with use of that App too.
2. Contact information
2.1. If you have any questions or queries, please contact us at:
ASEM Running (Pty) Ltd
Registration number: 2010/015877/07
Physical address: The Graphic Center, Unit 6b, 5 Buiten Street, Cape Town
Postal Address: The Graphic Center, Unit 6b, 5 Buiten Street, Cape Town
Email address: info@capetownmarathon.com

3. Cooling Off Period
3.1. ENTRANTS ARE ENTITLED TO CANCEL, WITHOUT REASON AND WITHOUT PENALTY, ANY ENTRY WITHIN 7 (SEVEN) DAYS AFTER THE DATE OF ENTRY. SUCH ENTRANTS WILL BE ENTITLED TO A FULL REFUND OF THE ENTRY FEE; THE REFUND WILL BE MADE WITHIN 30 (THIRTY) DAYS OF THE DATE OF CANCELLATION.
4. Payment Terms
4.1. There are entry fees for the events as detailed on our Website. Upon entering the events on our Website, you will be redirected to the WebTickets Platform where you will be able to select your event entry (licensed runner or unlicensed runner) and whether you wish to participate in the Virtual Cape Town Marathon; the Virtual 10km Peace Run or the Virtual 5km Peace Race.
4.2. Your use of the WebTickets platform will be subject to WebTicket’s standard terms and conditions that can be located here: https://www.webtickets.co.za/item.aspx?itemid=1248. We do not accept any liability for your use of the WebTickets platform.
4.3. Your payment of any fees must be made in the following ways on the WebTickets platform:
• Credit or Debit Card
• In store at a Pick n Pay
• Zapper
• Snapscan
4.4. All payments will be made in South African rands (ZAR). Your total order price will include the price of the purchase plus value added tax (VAT) if applicable.
4.5. You acknowledge that depending on your residence and geographical location, taxes may be added to the entry fee. Value added tax at the prevailing rate is charged on all orders.
4.6. We reserve the right to change pricing at any time without prior notice.
4.7. WebTickets uses the strictest form of encryption and no credit card or payment details are stored by WebTickets or us.
5. Children’s participation in events
5.1. IF THE PARTICIPANT IS A MINOR, I.E. YOUNGER THAN 18, HE OR SHE MAY NOT PARTICIPATE IN THE EVENT UNLESS HIS OR HER PARENT(S) OR LEGAL GUARDIAN(S), HAVE AGREED TO BE BOUND BY THESE TERMS.
5.2. By giving permission for a minor to participate in the event, you agree not to bring any claims against us for losses or damages he/she may suffer as a result of injury or death he/she may have suffered as a result of their participation in the event. You also agree to only claim on his/her behalf for losses, damages and injuries he/she may suffer as a result of his/her participation in the event to extent allowed for in this agreement.
5.3. IF YOU ARE ENTERING ON BEHALF OF A MINOR, YOU CONFIRM THAT YOU ARE DULY AUHORISED IN LAW TO ACT AND LEGALLY BIND THE MINOR. YOU AGREE TO HOLD US HARMLESS FROM ANY CLAIMS AGAINST US AS A RESULT OF THE ABSENCE OF SUCH LEGAL AUTHORITY.
6. Risks associated with the events
6.1. You accept that you participate in the events at your own risk and acknowledge that we cannot manage all potential risks, even foreseen ones, otherwise it would not be feasible to organise the events.
6.2. YOU THEREFORE UNDERSTAND AND ACKOWLEDGE THAT THERE ARE RISKS AND HAZARDS ASSOCIATED WITH EVENTS OF THIS NATURE AND THAT THE POSSIBLE EFFECTS OF THESE RISKS CAN RANGE FROM MINOR INJURIES TO SEVERE INJURIES TO DEATH, AND IN RELATION TO YOUR PROPERTY CAN RANGE FROM MINOR DAMAGE TO SEVERE DAMAGE TO COMPLETE DESTRUCTION OR LOSS.
7. Limitation of Liability and Indemnity
7.1. This Limitation of Liability and Indemnity applies to all participants and is in favour of us and other parties that may be indicated. It does not matter who or how you entered for an event (being any event organised by us).
7.2. Each entrant warrants that he or she has not been suspended or banned from participating in a Cape Town Marathon or associated events.
7.3. You understand and acknowledge that you enter and/or participate in the events entirely at your own risk and each runner is obliged to strictly adhere to all applicable rules, directives and instructions of the organisers in respect of the events.
7.4. TO THE EXTENT PERMISSIBLE BY LAW, EACH RUNNER ACCEPTS THAT ASEM RUNNING (PTY) LTD, ITS AFFILIATES, STAKEHOLDES OR THE ORGANISERS (HEREINAFTER REFERRED TO AS ENTITIES) ACCEPT NO RESPONSIBILITY OR LIABILITY FOR AND AGREES TO INDEMNIFY THESE ENTITIES FROM AND AGAINST ANY LOSS, DAMAGE, INJURY, DISABILITY, DEATH, EXPENSE, COST OR LIABILITY OF WHATSOEVER NATURE SUFFERED BY THE RUNNER, HIS/HER ESTATE AND/OR HIS/HER DEPENDENTS WHICH IN ANY MANNER, IN WHOLE OR IN PART, ARISE DIRECTLY OR INDIRECTLY FROM HIS/HER PARTICIPATION IN THE EVENTS OR ANY OF THE ACTIVITIES ASSOCIATED THEREWITH OR INCIDENTAL THERETO, USE OF FACILITIES AND/OR AMENITIES OR BY REASON OF DEFECTIVE MATERIAL OR EQUIPMENT OR BY WAY OF ANY HUMAN OR MECHANICAL ERROR, DEFAULT OR FAILURE OR FROM ANY OTHER CAUSE WHATSOEVER.
7.5. WE DO NOT UNDER ANY CIRCUMSTANCES ACCEPT LIABILITY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR AGGRAVATED DAMAGE.
7.6. THE EVENTS ARE ORGANISED ON A REASONABLE EFFORT BASIS AND ALL WARRANTIES AS TO THE QUALITY OF THE EVENTS ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMISSIBLE AT LAW.
7.7. IN PARTICULAR, SHOULD WE ELECT TO PROVIDE A MEDICAL HOTLINE SERVICE OR THE LIKE FOR AN EVENT, YOU AGREE THAT SUCH A SERVICE IS PROVIDED ON A REASONABLE EFFORT BASIS, AND YOU FURTHER AGREE TO INDEMNIFY AND HOLD US HARMLESS AGAINST ANY DAMAGE RELATING TO OR ARISING FROM YOUR USE OF SUCH A NUMBER OR SERVICE, WHETHER SUFFERED BY YOU OR A THIRD PARTY.
7.8. YOU AGREE THAT THIS LIMITATION OF OUR LIABILITY APPLIES TO YOU, YOUR ESTATE AND YOUR DEPENDENTS.
7.9. The content of the Limitation of Liability and Indemnity must be interpreted to the extent necessary to ensure compliance with the Consumer Protection Act 68 of 2008. If a court finds that any part of this Limitation of Liability and Indemnity is void such finding will only apply to that part and the rest will remain valid and binding.
8. Third Party Indemnity
8.1. You agree to indemnify any and all third parties that act as our service providers as well as all our sponsors, partners, volunteers, medical personnel and all other parties associated with the events that we organise and you participate in from and against any loss, damage, injury, disability, death, expense, cost or liability of whatsoever nature suffered by you, your estate and/or your dependents which in any manner, in whole or in part, arise directly or indirectly from your participation in the events or any of the activities associated therewith or incidental thereto, use of facilities and/or amenities or by reason of defective material or equipment or by way of any human or mechanical error, default or failure or from any other cause whatsoever and any claims as a result of loss suffered.
8.2. You may be required to indemnify certain specific third parties for particular events in the same way as described in clause 8.1, and these parties will be identified in the rules of the individual events.
9. Insurance
9.1. We have a public liability insurance policy in place, but our insurance cover may only pay out subject to the policy’s terms.
10. Rules of the events
10.1. THE RULES FOR THE EVENTS ARE AVAILABLE ON THE WEBSITE (https://www.capetownmarathon.com/event-info/race-rules/) AND IN THE RACE ENTRY TERMS AND CONDITIONS OR UPON REQUEST FROM THE EVENT ORGANISER. OUR RULES ARE THERE TO PROMOTE YOUR SAFETY, AND YOU AGREE TO STRICTLY ADHERE TO ALL APPLICABLE RULES, DIRECTIVES AND INSTRUCTIONS OF THE ORGANISERS IN RESPECT OF THE EVENTS.
10.2. Other rules also apply to the events depending upon your location, such as the rules of local sporting codes or bodies, national or local traffic regulations, local government rules and any rules that apply to a facility or area used for the events and you agree to adhere to any such rules. YOU AGREE TO ACQUAINT YOURSELF WITH THESE RULES AND REGULATIONS, AND THAT YOU WILL INDEMNIFY US AGAINST ANY DAMAGE THAT YOU MAY SUSTAIN (INCLUDING ANY FINES THAT MAY BE IMPOSED UPON YOU) DUES TO A BREACH OF THESE RULES OR REGULATIONS.
11. Personal information
11.1. When you enter an event, we collect certain information about you, including information that directly or indirectly identifies you if you choose to share it with us (“Personal Information”).
11.2. You cannot enter an event without us processing information about you, including basic account information such as your name, email address, date of birth, gender that helps secure and provide you with access to our services.
11.3. YOU HEREBY EXPRESSLY AGREE THAT WE MAY COLLECT, USE AND SHARE YOUR PERSONAL INFORMATION THAT YOU HAVE PROVIDED IN ENTERING THE EVENTS ON THE BASIS AND WITH THE PEOPLE AS SET OUT IN OUR PRIVACY POLICY AVAILABLE https://www.capetownmarathon.com/terms-conditions/.
11.4. Notwithstanding the above, we collect the following information specifically for your entry to the events:
11.4.1. your name and surname;
11.4.2. your identity number;
11.4.3. your contact information;
11.4.4. your current location in real time during participation in the event;
11.4.5. health information;
11.4.6. medical aid details;
11.4.7. information from content you share on our services or the events, including when you participate in events;
11.4.8. location information from your race to provide you with statistics and inclusion in the results;
11.4.9. information from your browser, computer, or mobile device, which provide us with technical information when you access or use the Website or services, including device and network information, cookies and analytics information.
11.5. We undertake that your information will be processed in accordance with applicable law and requirements directly applicable to the provision of our services, and that we will only process the information in a manner consistent with allowing use of our Website or services or entering an event and will process it to the minimum extent necessary.
11.6. Destruction of Personal Information
11.6.1. We will delete all Personal Information, insofar as it relates to a particular participant when we receive a written instruction from you to do so.
11.6.2. We will destroy or delete any Personal Information that is no longer needed by us for the purpose it was initially collected, or subsequently Processed.
11.6.3. We may retain information from deleted accounts to comply with the law, prevent fraud, resolve disputes, troubleshoot problems and enforce any of our terms. Any information we retain will be handled in accordance with our Privacy Policy.
11.7. Emergency or Health Professionals
11.7.1. You agree that we may give your medical information to any emergency or health professional attending to you on an event day for purposes of giving you medical treatment and care.
11.7.2. You consent to any medical services provider which may treat you as a result of your participation in an event providing us with the following medical information relating to the incident in which you were injured and any treatment that you may receive:
• Full Name
• Race Number
• Place of incident
• Time of incident
• Nature of incident
• High-level description of injuries
• The hospital or medical facility to which you were dispatched, if relevant
• If you are currently admitted to hospital or have been discharged
11.7.3. For these purposes medical service providers include without limitation paramedics (and their employers), ambulance services, emergency services, and hospitals or other medical facilities.
11.7.4. We will use the above information solely to render assistance and support to you and your family if and where needed, and you consent to such use.
11.7.5. We will not give your information to anyone else unless you have expressly consented.
11.8. Security
11.8.1. We will take appropriate, reasonable technical and organisational measures as required by applicable law to protect the information submitted to or collected by us from loss, misuse, unauthorized disclosure, alteration or destruction.
11.8.2. We will secure the integrity and confidentiality of Personal Information in our possession or under our control by taking appropriate, reasonable technical and organisational measures to prevent:
11.8.2.1. loss of, damage to or unauthorised destruction of Personal Information; and
11.8.2.2. unlawful access to or processing of Personal Information.
11.8.3. We will take reasonable measures to:
11.8.3.1. identify all reasonably foreseeable internal and external risks to Personal Information in our possession or under our control;
11.8.3.2. establish and maintain appropriate safeguards against the risks identified;
11.8.3.3. regularly verify that the safeguards are effectively implemented; and
11.8.3.4. ensure that the safeguards are continually updated in response to new risks or deficiencies in previously implemented safeguards.
11.8.4. We endeavour to protect your personal information, but you understand that no data transmission over the Internet can be guaranteed to be absolutely secure, and we cannot ensure or warrant the security of any information you transmit to us. Transmitting Personal Information is done at your own risk.
11.9. EU Members’ Rights
11.9.1. If you normally live in the European Union (“EU”), you have the right to access, rectify, download or erase your information, as well as the right to restrict and object to certain processing of your Personal Information as fully described here:
11.9.1.1. you can access your information by logging into your account and can rectify, restrict, limit or delete your information;
11.9.1.2. if we process your information as set out above, you can object to this processing in certain circumstances;
11.9.1.3. if you have given us consent to process information, you have the right to withdraw your consent at any time; and
11.9.1.4. if you have a concern about our use of your information, you have the right to raise such concern with your local supervisory authority.
11.10. Transfer of Personal Information
11.10.1. Our Website is operated from the Republic of South Africa (“RSA”). If you are not located here, and choose to use our Website or services, or provide information to us, you acknowledge and understand that your information will be transferred, processed and stored in the RSA, as it is necessary, and our privacy laws may not be as protective as those in your jurisdiction.
11.10.2. If you are a resident of the European Union (“EU”), we are the controller of your personal data for the purposes of EU data protection law.
11.10.3. We will not transfer your personal information or any portion of it to any third party for any reason without your prior written consent.
11.10.4. We may use hosting or cloud services to operate our website and store our data which are not located in the RSA. If we do so we will ensure that the level of protection given to your personal information is at least as good as that provided for under South African law, either by means of a binding contract with the service provider, or by using a service provider located in a country with privacy laws of similar or stronger effect.
12. Disputes
12.1. Should any dispute of whatsoever nature arise between the parties concerning these terms, the parties must try to resolve the dispute by negotiation. This entails that the one Party should invite the other in writing to meet and attempt to resolve the dispute within 10 (ten) Business Days from date of written invitation.
12.2. If the dispute has not been resolved by such negotiation, either of the parties may submit, by written notice to the other Party, the dispute to the Arbitration Foundation of Southern Africa (“AFSA”) for administered mediation, upon the terms set by the AFSA Secretariat. The receipt by either party of a notice as aforesaid, will constitute the submission of the dispute to arbitration for the purposes of delaying the completion of prescription in terms of section 13 of the Prescription Act No. 68 of 1969 or the corresponding provisions in any amendment thereto or replacement legislation.
12.3. Failing such a resolution, the dispute, if arbitrable in law, will be finally resolved in accordance with the Rules of the AFSA by an arbitrator or arbitrators appointed by AFSA.
12.4. This clause constitutes an irrevocable consent by the parties to any proceedings in terms hereof and neither of the parties will be entitled to withdraw from the provisions of this clause or claim at any such proceedings that it is not bound by this clause.
12.5. The aforegoing will not restrict the right of the parties to apply to a competent court for relief of an urgent nature or should its intellectual property rights be violated or threatened.
13. Jurisdiction
13.1. These terms are governed by and construed in accordance with the law of the Republic of South Africa; we both agree to submit any dispute arising out of these terms to the jurisdiction of the courts of the Republic of South Africa (unless it is dealt with under the disputes clause above).

Virtual Race Entry Terms

IMPORTANT NOTICE

Your attention is drawn in particular to clauses rendered in bold capitals in these terms. What follows is a summary for your convenience and does not form part of the agreement between you and us (ASEM Running (Pty) Ltd). It is your responsibility to read the clauses referred to:
• You will compete in the events at the same time as everyone else in the world by using the Cape Town Marathon Running App (iOS/Android) on your mobile phone (clause 1.2).
• During your participation in the events, you agree to comply with the relevant legislation and regulations issued by your local government relating to COVID-19 as well as any guidelines issued by local and national health authorities at the time of competing in the events (clause 3.2.2).
• By entering the events you consent to your name and/or number being publicly displayed and publicised (including on the internet) in the event you are disqualified or another sanction imposed on you (clause 4.1).
• You may be disqualified summarily or another penalty (being a monetary fine up to R1 000.00 or a time penalty) may be summarily imposed without a hearing (clause 4.3).
• Please see the Cape Town Marathon Refund Policy (clause 5).
• You agree to indemnify the service providers of the Cape Town Marathon from and against, any loss, damage, injury, disability, death, expense, cost or liability (clause 7.1).
• You give the organisers of the Cape Town Marathon permission to use certain of your personal information (clause 8.1).

1. Event Information
1.1. By entering to compete in the Virtual Cape Town Marathon; the Virtual 10km Peace Run or the Virtual 5km Peace Run (“events”), you may compete in the event anywhere in the world, subject to these terms and conditions.
1.2. You must compete in the events at the same time as everyone else in the world by using the Run App (the “App”) on your mobile phone to track your progress as prescribed by the organisers. You can download the App from your App Store (iOS/Android).
1.3. The events will start for all runners worldwide on the same date and at the same local time on 17 or 18 October 2020 as communicated to the runners before the events. All entrants are advised to keep an eye out for communication from the organisers for confirmation of dates and times.
1.4. Your progress will be tracked via the App during the event and will be available for access by the general public in real time via the app and the Cape Town Marathon website.
1.5. When you finish the race, your name will appear on the global result list on the App and via the Cape Town Marathon Website.
2. Entry Requirements and Registration
2.1. You may register online for the events at www. https://www.capetownmarathon.com/. You will be redirected to the WebTickets platform where you complete your entry and make payment of the entry fee for your selected event.
2.2. You will need to download the App to your mobile phone, log in (either with an existing account or by creating a new account) and register for the race day. Your progress in the event will be tracked live by the App.
2.3. To compete in the events on the race day, you will need to ensure that:
2.3.1. You have to carry your mobile phone on your person during the event and that your mobile phone is in good working condition;
2.3.2. Your mobile phone’s battery is fully charged;
2.3.3. You have access to the App, and it is in working order;
2.3.4. You have enough data on your mobile phone to run the App during your participation in the event.
2.4. The Cape Town Marathon is open to all registered and unregistered runners of 20 years and older.
2.5. The 10km Peace Run is open to all registered and unregistered runners of 14 years and older.
2.6. Entries will close on the 14th of October 2020 or when entries sell out. No late entries will be accepted. The event organisers reserve the right to accept or reject any entry to the events.
2.7. Communication on event related matters will be done by e-mail or SMS. It is each entrant’s responsibility to keep their contact details up to date by contacting the organisers on info@capetownmarathon.com.
3. Event Rules
3.1. Race Number
3.1.1. Upon entry to the events, you will receive a race number electronically that can be printed out. Official event race numbers are to be worn on the front of the runner’s vest.
3.1.2. The race number is linked to your name and finishing time. No swopping of race numbers is allowed as these are linked to your name and finishing time and may result in your disqualification from the event. Allowing another person to compete with your number will result in disqualification of the other person and your exclusion from next year’s event.
3.2. COVID-19
3.2.1. If you participate in an event, it is your sole responsibility to take the necessary precautions to protect the safety of yourself and others, especially with regards to the spread of COVID-19 and ensuring you keep the risk of infection as low as possible.
3.2.2. During your participation in the events, you agree and undertake to comply with relevant legislation and regulations issued by your national and/or local government relating to COVID-19 as well as any guidelines issued by local and national health authorities at the time of competing in the events.
3.2.3. For example, each runner may be required by applicable law to stay within a 5 (five) kilometre radius of his or her place of residence.
3.2.4. No runner may attend the physical start of the events or follow the physical route of the event. This will lead to your disqualification.
3.2.5. All runners must keep at least 10 (ten) meters’ distance from other runners or other people. You are advised to offset yourself diagonally to other runners and to not run in any runner’s slipstream.
3.2.6. Do not participate in the events if you had any contact with persons confirmed or suspected of being infected with or carrying the COVID-19 disease.
3.2.7. Each runner must stay updated as to the symptoms of COVID-19 (including dry cough, fever and potential breathing difficulties), as well as the risks of transmission for yourself and others.
3.2.8. Do not participate in the events if you feel even slightly ill. Take your temperature on the race day and do not compete if your temperature is above normal.
3.2.9. While competing in the events, cover your mouth and nose when you cough or sneeze, using the inside of your arm rather than your hands. If possible, you can run with a mask or a buff.
3.2.10. Wash your hands often with soap and water for at least 30 (thirty) seconds. If soap and water are not available, clean your hands with hand sanitizer regularly.
3.2.11. Avoid touching your eyes, nose and mouth while running.
3.2.12. It is not allowed to run in groups. You and your team members can participate individually by using the App.
3.2.13. Notwithstanding the above, all runners participating in the event in South Africa agree to abide by the then current regulations made in terms of Section 27(2) of the Disaster Management Act Number 57 of 2002.
3.3. General
3.3.1. As these events have no specified venue or route, they are not considered an “event” under the Safety at Sports and Recreational Events Act Number 2 of 2010 and as such, the organisers do not need to comply with the requirements for the hosting of an event. Every runner acknowledges that his/her safety when competing in the events are at his/her own risk and the organisers cannot be held liable.
3.3.2. Every runner must keep as far to the left of the road surface as is safe having regard to the circumstances and conditions.
3.3.3. Every runner must adhere to their local traffic and road legislation and regulations when competing in the events.
3.3.4. Traffic and any police officials must be obeyed at all times. If a runner is instructed by any traffic or police official to stop, he or she must do so immediately.
3.3.5. Each runner may wear club colours or plain clothes to compete in the events.
3.3.6. Every runner competing in the events must use the App so directed by the organiser and linked to his/her race numbers to track their races. Failure to use the App will result in a runner’s name being omitted from the results.
3.3.7. A runner may not start or attempt to start the events before the confirmed start time. Any runner who does so may be disqualified.
3.3.8. A runner must complete the race with his/her own effort and may not receive any assistance in this regard.
3.3.9. A runner may not participate in the events whilst under the influence of alcohol or any drug, including any performance enhancing drug.
3.3.10. Every runner must ensure he/she takes suitable hydration with him/her if needed and were appropriate.
3.3.11. Any runner found to have falsified information to gain a competitive advantage (for example lying about age) will be disqualified.
3.3.12. Any runner who has been suspended or banned from participating in the Cape Town Marathon or related events for any reason may not participate in the events.
3.3.13. Every runner is required to complete the Cape Town Marathon within 7 (seven hours) hours; the 10km Peace Race within 3 (three) hours and the 5km Peace Run within 1.5 (one and a half) hours to be awarded a result unless the race organisers determine otherwise. This time is calculated from the start of the runner’s tracking on the App until the full course is completed.
4. Sanction for Contravention of the Rules
4.1. Should a runner breach these Terms and Conditions, the organisers reserve the right to ban such runner from taking part in the physical Cape Town Marathon or related events in the future.
4.2. EVERY RUNNER ENTERING THE EVENTS HEREBY IRREVOCABLY CONSENTS TO HIS/HER NAME AND/OR NUMBER BEING PUBLICLY DISPLAYED AND PUBLICISED (INCLUDING ON THE INTERNET) IN THE EVENT THAT HE/SHE IS DISQUALIFIED OR ANOTHER SANCTION IMPOSED.
4.3. A RUNNER MAY BE DISQUALIFIED SUMMARILY OR ANOTHER PENALTY (BEING A MONETARY FINE UP TO R 1000.00 (ONE THOUSAND RAND) OR A TIME PENALTY) MAY BE SUMMARILY IMPOSED WITHOUT A HEARING.
4.4. Such summary disqualification or imposition of other penalty may be done at any time.
4.5. In the event that a runner is aggrieved by a summary disqualification he/she may request in writing to the organiser within 3 (three) days of being informed of the summary disqualification to be reinstated. Such runner may supplement such a request for reinstatement in the event of him/her receiving further information at a later time. The tribunal appointed may extend this time on good cause shown.
4.6. In the case of a penalty other than disqualification, after considering any representation that a runner may make in this regard, the organiser will decide whether the matter should be referred to a hearing or that the penalty remains. Such decision will be final.
4.7. A runner requesting reinstatement and a runner notified of a hearing will provide all information and assistance reasonably requested of him or her for the purpose of investigating the request or circumstances leading to the disqualification or possible disqualification. In the event that a runner does not provide all information and assistance so requested, the tribunal may dismiss the request or disqualify the runner or impose another penalty without a hearing.
4.8. Any such request for reinstatement will be considered by a tribunal consisting of one or more people appointed for that purpose who may:
4.8.1. Take no action;
4.8.2. Reinstate the person;
4.8.3. Order that further information be obtained.
4.8.4. Impose additional penalties including a fine of up to R1 000.00 (one thousand rand) and/or recommend to the organiser that the person will not be eligible to compete in the events in future.
4.9. In addition, whether or not a runner has been summarily disqualified, the tribunal appointed for the purpose may, on notice to a runner by e-mail or other means of communication, call a hearing to determine whether a runner should be disqualified or another penalty imposed for a breach of the rules.
4.10. In the event of a disqualification, whether summary or after a hearing, a runner will forthwith comply with any sanctions imposed.
4.11. The chairperson of the tribunal will determine the procedure to be followed at any hearing, including whether a hearing will be conducted on written evidence and representations only or also an oral hearing, and the nature of evidence (including hearsay) to be allowed.
4.12. A runner will not be entitled to legal representation at such a hearing, except with the permission of the chairperson of the tribunal.
4.13. The tribunal will only disqualify or impose another penalty on a runner if a breach of the rules has been proven to the comfortable satisfaction of the tribunal bearing in mind the seriousness of the alleged conduct and the consequences of the conduct and penalty.
5. Refund Policy
5.1. Except under the conditions described in this clause and the General Terms, all entry fees for the events are non-refundable and non-transferable under all circumstances, including, but not limited to, cancellation of the events or of the runner’s participation, or change in the date, nature, or format of the events. The events may be cancelled or changed due to severe weather or any other factors that may be deemed to threaten the safety of runners.
5.2. The entry fee will only be refunded if the runner is unable to participate in the events due to death or hospitalisation.
5.3. Should an entrant cancel his/her entry before the closing date of the events, he/she will be entitled to a refund of the entry fee subject to deduction of a reasonable cancellation fee, having regard to the length of notice of cancellation given by the entrant and the potential of the organisers to find an alternative entrant before the entry closing date.
5.4. Should the Virtual Events be cancelled or delayed due to any reason beyond the Organiser’s control, entrants will receive a full refund.
5.5. The events will take place regardless of bad weather in your specific geographical area, as this is outside of the organiser’s control.
5.6. The organiser reserves the right to refuse any person’s entry or cancel any person’s entry up to the day before the events. In that event, the person’s entry fee will be refunded.
6. Limitation of Liability
6.1. THIS EVENT AND A RUNNER’S PARTICIPATION IS SUBJECT TO THE RUNNER’S ACCEPTANCE OF THE CAPE TOWN MARATHON’S STANDARD LIMITATION OF LIABILITY AND INDEMNITY TERMS WHICH FORMS PART OF THE GENERAL TERMS WHICH ARE AVAILABLE https://www.capetownmarathon.com/terms-conditions/
7. Third Party Indemnity
7.1. In addition to the indemnities in the General Terms, all entrants to the events agree to indemnify the following service providers or third parties from and against any loss, damage, injury, disability, death, expense, cost or liability of whatsoever nature suffered by him/her, his/her estate and/or his/her dependents which in any manner, in whole or in part, arise directly or indirectly from his/her participation in the event or any of the activities associated therewith or incidental thereto, use of facilities and/or amenities.
7.2. The third parties being indemnified herein:
7.2.1. Any local or provincial government;
7.2.2. Any local department of transport and public works or the equivalent; and
7.2.3. Any local traffic and roadside assistance officers or officials.
8. Personal Information
8.1. ALL ENTRANTS TO THE EVENTS EXPRESSLY AGREE THAT THE ORGANISERS MAY COLLECT, USE AND SHARE ENTRANTS’ PERSONAL INFORMATION ON THE BASIS AS DESCRIBED IN OUR PRIVACY POLICY WHICH IS AVAILABLE AND THE GENERAL TERMS WHICH ARE AVAILABLE https://www.capetownmarathon.com/terms-conditions/.
9. Waiver / Disclaimer
9.1. All entrants hereby acknowledge and agree that:
9.1.1. the information they have supplied to enter the events is true and correct;
9.1.2. they are in good health, are physically fit and trained to participate in and understand the risks associated with the events;
9.1.3. they will abide by all the rules and conditions of the events and accept that they enter and participate at their own risk; and
9.1.4. they grant permission to the organisers to use their name, race information, photographs, video tapes, broadcasts, telecasts in which they may appear free of charge.
10. Severability
10.1. If one or more of these terms are found to be unenforceable, such term will be deemed to be severable from the remainder of the terms and the remaining terms shall in all other respects remain in full force and effect.