Legal

TERMS &
CONDITIONS

GHETTO RUN MARATHON · 28 NOVEMBER · Blue Waters Private Hospital, Kuwadzana. Please read this document carefully. By entering the event you agree to be bound by these terms.

1. What is this document?

In broad terms, this is an agreement with you that limits liability under certain circumstances for loss, damage or injury you may suffer arising from your participation in the event. It is important that you read and understand the contents hereof, as you will be bound to these terms.

2. When does this Limitation of Liability and Indemnity apply to you?

This Limitation of Liability and Indemnity applies to all participants. It does not matter who or how you entered for the event. This Limitation of Liability and Indemnity applies to you even if someone else submitted your entry. Any person who enters someone else for an event warrants that they have been authorised to do so and that they can legally bind the participant to this agreement.

3. Can children participate without their parents’ or guardians’ consent?

No. If you are a minor, that is younger than 18, you may not participate unless your parent(s) or your legal guardian(s) have agreed to be bound by this Limitation of Liability and Indemnity. If you are a minor, by giving permission for you to participate in the event, your parents or legal guardians agree not to bring any claims against us for losses or damages they may suffer as a result of injury or death you may have suffered as a result of your participation in the event. They also agree to only claim on your behalf for losses, damages and injuries you may suffer as a result of your participation in the event to the extent allowed for in this agreement.

If you are entering on behalf of your minor, you confirm that you are duly authorised in law to act and legally bind the minor. You agree to hold the organiser harmless from any claims against the organiser as a result of the absence of such legal authority.

4. Are there risks associated with the event?

Yes. It is an event with many participants. Some are professionals, but others are novices. The event is a large sports event attracting large numbers of participants, even more spectators, and takes place at speed on an extended course running over a varied terrain that could include urban areas, nature reserves, mountainous terrain and gravel roads. You accept that we cannot manage all potential risks, even foreseen ones, otherwise it would not be feasible to organise this event.

You therefore understand that there are risks and hazards associated with an event like this 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.

5. Who are covered by this Limitation of Liability and Indemnity?

The organisers (including their directors, shareholders and employees) are covered by this Limitation of Liability and Indemnity, as well as the volunteers who help with the event, the local authority where the event is held and road maintenance agencies if the event takes place on a road under its concession.

6. Who are NOT covered by this Limitation of Liability and Indemnity?

Doctors, paramedics and other medical personnel who attend to you at the event do so independently from us and they are not our representatives. It is your choice to make use of these services and you do so at your own risk.

7. Can you claim from us for any loss, damage or injuries you suffer?

As far as the law allows, we are not liable to you for any loss, damage, injuries or death you may suffer from participating in this event unless the loss, damage, injuries or death resulted from our fault. This limitation also applies to activities associated with, or incidental to, the event or from using any facilities or services which are provided at the event by the parties covered in paragraph 5 above. We do not under any circumstances accept liability for any indirect, special, consequential or punitive damage. The event is organised on a best effort basis and all warranties as to the quality of the event are disclaimed to the maximum extent permissible at law.

8. Can anybody other than the participant (such as dependents) who suffered damages claim against us?

You agree that this limitation of our liability applies to you, your estate and your dependents. Parents, legal guardians or dependents of a participant may claim against us, but only insofar as the participant who suffered the damages in the first place had a claim against us under the abovementioned clause and subject always to the terms of this Limitation of Liability and Indemnity in respect of such claim by the participant.

You agree to hold us harmless from any claims against us by other parties (such as your spouse or dependents) as a result of your loss, damage, injury or death.

9. Are there any other rules that apply to the event?

Yes. The rules for each event are available on the webpage for the event or upon request from the event organiser. Our rules are there to promote your safety, and you agree to stick to the rules of the event and to obey our instructions.

Other rules also apply to the event, such as the rules of sporting codes or bodies, the road, local government rules and any rules that apply to a facility or area used for the event. As a minimum the following rules apply for the event:

  • The event is open to any participant with their equipment, in good working order.
  • Communication on event related matters may be done by e-mail, SMS, WhatsApp and/or social media. It is each entrant’s responsibility to supply the correct contact details and keep them up to date.
  • The organiser reserves the right to refuse any person’s entry.
  • Every entrant shall participate carefully and with due regard to the safety of other participants and other road users.
  • In a cycle event, every rider shall wear a bicycle helmet with the strap securely fastened under his or her chin.
  • Every participant shall immediately comply with the instructions of a marshal and/or a traffic officer.
  • A participant may not use a personal music system or a radio communication device, including a cellular phone, whilst riding.
  • A participant shall not use foul or offensive language or make offensive, indecent or inappropriate gestures.
  • A participant shall wear clothing appropriate for a family event at all times.
  • A participant shall not dispose of any litter along the race course except in refuse bins.
  • A participant shall provide reasonable assistance to any other participants involved in an accident while competing in the event.
  • For a cycling race, a rider shall be responsible to other riders for the proper control of his or her bicycle.
  • A participant may not participate whilst under the influence of alcohol or any drug or medication that prevents or might prevent a participant from properly participating in the event.
  • A participant shall not display on their bicycle, clothing or cycling equipment any writing, logo or item that is offensive.
  • Any reasonable medical or emergency evacuation costs incurred on behalf of a participant by the race organisers will be for the cost of the participant.

10. Photographs taken at the event

The organiser and their service providers reserve the right to use any photograph or video taken at any organised or sponsored event, without the expressed written permission of those included within the photograph or video. The organiser and their service providers may use the photograph or video in publications or other media material produced, used or contracted, including but not limited to brochures, invitations, newspapers, magazines, presentations and websites.

A person attending an event who does not wish to have their image recorded for distribution should make their wishes known to the photographer and/or the event organisers, in writing. By participating in an event, or by failing to notify in writing your desire not to have your photograph used, you agree to release, defend, hold harmless and indemnify the organiser from any and all claims involving the use of your picture or likeness.

Any person or organisation not affiliated with the organiser may not use, copy, alter or modify the photographs, graphics, videography or other similar reproductions or recordings without the advance written permission of an authorised designee of the organiser.

11. How we protect your personal information (Data Protection notice)

This notice explains how we handle your personal information in line with Zimbabwe’s Data Protection Act [Chapter 11:12], which is administered by the Postal and Telecommunications Regulatory Authority of Zimbabwe (POTRAZ). We are the data controller for the information you give us when you register.

What we collect

  • Identity and contact details: name, date of birth, gender, email address and phone number.
  • Race and logistics details: race category, T-shirt size and emergency contact details.
  • Health and safety information: any medical notes or accessibility needs you choose to provide.
  • Payment records: the reference and status of your EcoCash payment. We do not store your EcoCash PIN or card details.

Why we collect it and our lawful basis

We process your information to administer your entry and the event, to verify your identity and age at race pack collection, to manage payments, and to protect your health and safety on event day. We rely on the consent you give when you accept this policy and, where applicable, on the performance of our agreement with you and our legitimate interests in running a safe event. Health information is treated as sensitive data and is only used to protect you.

Who we share it with

We only share your information where it is necessary. This may include the relevant sports association, other event organisers, medical, paramedic and emergency professionals attending to you on event day, and service providers who host our website and database on our behalf. We do not sell your personal information, and we require our service providers to protect it.

Storage and cross-border transfers

Your information is stored securely and access is limited to authorised organisers and administrators. Some of our service providers may process data outside Zimbabwe. Where this happens we take reasonable steps to ensure your information receives an adequate level of protection, in line with the Data Protection Act.

How long we keep it

We keep your personal information only for as long as necessary to run the event and to meet our legal, insurance, accounting and health-and-safety obligations. When it is no longer needed we securely delete or anonymise it.

Your rights

Subject to the Data Protection Act you may request access to the personal information we hold about you, ask us to correct or delete it, object to or restrict certain processing, withdraw the consent you gave (including marketing consent), and lodge a complaint with POTRAZ. To exercise any of these rights, contact the organiser on +263 71 296 4545.

Marketing

We will only send you event updates from the organisers and promotional material from event sponsors if you give us separate opt-in consent on the registration form. You can withdraw that consent at any time.

Security and breaches

We use encryption in transit, restricted and authenticated access to our database, and least-privilege administrative access to protect your information. If a security breach occurs, we will notify POTRAZ and any affected participants as required by the Data Protection Act.

I affirm that I am of legal age and am freely giving this consent. If the participant is a minor, I affirm that I am of legal age and am the parent or legal guardian of that minor, and I give this consent on the minor’s behalf.

12. What is our refund policy

Refunds will be assessed on a case by case basis. There are no refunds if you register and do not pitch up on race day.

By registering you confirm that you have read and understood these terms, the Limitation of Liability, the Indemnity, the Data Protection notice and the Refund Policy, and that you agree to be bound by them.

Continue to registration