The Africa Group Ltd – Terms and Conditions

Last updated: June 12, 2024

The Africa Rally Group Ltd – Terms & Conditions

These Terms cover the legal conditions of entry to events held by Africa Rally Group Ltd, and ensures teams entering the event know exactly what they are signing up for, as this is not a package holiday. By the very nature of rally events, the rally event held by Africa Rally Group Ltd to which these Terms apply is one which carries risks and dangers, and teams and their team members need to understand that by entering the Event (as defined below) they are putting themselves at risk of serious injury or potentially even loss of life through participation. These Terms are binding against the Team and all Team Members (as defined below), and the Team Members should be specifically aware of clauses 5, 11 and 19.

These Terms are part of an agreement (“the Agreement”) which is made between:

1 – AFRICA RALLY GROUP LTD (“the Company”), a company incorporated in England and Wales (company registration number 13325500) and whose registered office is at 128 City Road, London EC1V 2NX, United Kingdom, on the one part

and on the other part

2 – The Team which registers for the Event, together with

3 – The individual members of the Team, whose name, address, and contact details are used to sign up for the Event , together with any other members of their Team

and by either the Team or the Team Members signing this Agreement they confirm that all the Team Members have elected to take part in the Event on the basis of these Terms and that all Team Members are aware of, have read and accept these Terms, and that the Team and all the Team Members will ensure and be responsible for ensuring that any team members who join the Team after the Effective Date will not be allowed to do so unless they have been made aware of and agree to abide by these Terms, and the Team and Team Members are solely liable and responsible for any failure to do so.

1. Definitions:

1.1 The following terms shall have the meaning as set out below, unless otherwise stated in the context of the subsequent clause:

1.1.1 “Collaboration Partners” means any third party whom the Company has a lawful contract with in order to offer services associated with the event.

1.1.2 “Commercial Rights” means any and all rights of a commercial nature connected with the event, including and without limitation to, production rights, broadcasting rights, sponsorship rights, merchandising, licensing, ticketing, promotional, catering, drinks sponsorship, media, hospitality, games, and branding rights.

1.1.3 “Deposit” means the 50% up front cost paid in order to secure a Teams’ place in an Africa Rally event. Balance is due no less than 3 months prior to the event start date.

1.1.4 “Effective Date” means the date of signature of this Agreement by the Team (or anyone on behalf of the Team), which will be binding against the Team and all the Team Members. If registration is completed on-line by the Team (or anyone on behalf of the Team), signature will be deemed given upon acceptance of the terms via the website tick box.

1.1.5 “Entry Fee” means the amount shown at the point of agreement against the category selected by the team member.

1.1.6 “Event” means The Africa Rally, taking place between the Start Point and the Finish Point as defined by the Company.

1.1.7 “Event Leader” means the person appointed by the Company as being responsible for the management of the Event.

1.1.8 “Event Logos” means the title, font, company logo, design, branding, and words which are controlled by the Company.

1.1.9 “Event Period” means the period commencing from the Start Date and which will conclude three weeks later at the Finish Line.

1.1.10 “Event Rules” means the rules notified by the Company to the Team for the purpose of this Event.

1.1.11 “Event Schedule” means the relevant dates, times, and locations set out to the Team by the Company.

1.1.12 “Finish Line” means the location defined by the Company as the finish line for the Event.
1.1.13 “Fundraising Rights” means the rights conferred to the Team to partake in independent fundraising activities associated with the Event.

1.1.14 “Intellectual Property Rights” shall mean all present and future rights, titles, and interest in any trademarks, event logos, designs, software, film, sound, photography, digital information, trade secrets and other confidential information as the Company sees fit to define.

1.1.15 “Payment Method” means payment via the Company’s website registration process, which follows the Stripe international payment system.

1.1.16 “Relevant Law” means any legislation, codes of conduct, guidelines, standards, and regulations applicable to the subject matter which are legally enforceable.

1.1.17 “Start Line” means the location defined by the Company as the start line for the Event.

1.1.18 “Start Date” means the date fixed by the Company as the date for the commencement of the Event when the Teams will cross the Start Line.

1.1.19 “Team” means the team that has registered with the Company to take part in the Event, and includes all the individual Team Members making up that team.

1.1.20 “Team Members” means the nominated members of the Team at the Effective Date who have elected to take part in the Event, both jointly and severally, as well as any nominated members who subsequently might join the Team after the Effective Date, and who (for the avoidance of doubt) also agree to be bound by these Terms.

1.1.21 “Term” means the inclusive period from the Effective Date until the end of the Event Period.

1.11.22 “Terms” means these Terms and Conditions.

1.1.23 “Territory” means all areas of the World.

1.1.24 “Vehicle” means the vehicle chosen by the Team to take part in the Event.

1.1.25 “Waiting List” means the list of Teams waiting to take part in a specific year’s Event should any current Teams be unable to attend. The Waiting List is managed on a first come first served basis.

1.1.26 “Website” means the Company’s website (www.africarally.com) and all subsequent pages.

1.2 Unless specifically stated in the context of the clause, the words denoting to the singular will include the plural and vice versa.

1.3 Unless specifically stated in the context of the clause, the words denoting gender shall include all genders.

1.4 All clauses which list specific items are to be read as “included but not limited to” said items.

1.5 Any references to statutory law will include that statute as it may be amended, supplemented, or re-enacted, and is understood to be a statue according to the laws of England and Wales.

2. Agreement to Entry

2.1 The Team hereby agrees to enter the Event, to pay the Company the entry fee by the date stipulated at the Effective Date, or as may be agreed with the Company, and abide by these Terms and any further Company instructions for participation in the Event as the Company may determine in its sole discretion acting reasonably as the organiser of the Event.

2.2 For the avoidance of doubt, it is understood that the Team will supply their own vehicle assigned to the correct entry category for the purpose of taking part in the Event. Should the Team need to change their entry category they must inform the Company as soon as is reasonably practicable, and in any event no later than [3] months before the start of the Event, and the Team understand that this may incur additional fees. No discount will be provided for Teams changing their entry category to a cheaper alternative.

2.3 The Team and all Team Members agree to be bound by these terms of entry, and any associated event rules as defined by the Company, and the Team is responsible for ensuring that all Team Members are aware of and have agreed to accept and abide by these Terms, and the Team and the Team Members warrant that this is the case.

3. Entry Fees

3.1 The Team agrees to pay the Company the Entry Fee immediately upon acceptance of these terms and in consideration of entry to the Event.

3.2 The Team agrees to use the digital payment method approved by the Company via the company’s website. No cash alternative payment for entry will be allowed.

3.3 For the avoidance of doubt, any failure to pay the Entry Fee in full will entitle the Company to disqualify the Team from the Event.

3.4 Where a non-refundable deposit option is available, this may not be less than 50% and balance is due no less than 3 months prior to the event start line date.

3.5 Any valid refunds will be processed in line with the Refund Policy set out in Clause 17.

3.6 No refunds will be offered if the Team opts to change their vehicle entry category to a cheaper alternative, however the Company may request additional payment to be made, should the Team request to change their vehicle entry category to a more expensive alternative.

4. Obligations of the Company

4.1 The Company represents that:

4.1.1 it has full authority to enter into this Agreement and to accept and perform the obligations set out in this Agreement.

4.1.2 it has the ability to organise and stage the Event.

4.1.3 it has the right to confer the use of branded material to the Teams for the purpose of participating in the Event, and positively advertising the Company.

5. Obligations of the Team

5.1 The Team, as well as all Team Members, hereby individually and collectively warrant (at their sole expense where necessary) that:

5.1.2 they have full right, relevant authority (where necessary) and title to enter into this Agreement and to accept the Terms and perform the obligations imposed.

5.1.3 they have ensured that all Team Members are over the age of 18. The Company takes no responsibility for any misrepresentation carried out by the Team in this regard, even if that results in liability to the Team.

5.1.4 they have ensured all Team Members actively involved in driving are experienced and qualified for driving in such an event and hold a valid driver’s license, and agree to produce their licenses on demand to the Event Leader, and that all Team Members providing support to the Team are suitably experienced.

5.1.5 they will remain solely liable for any payment of any taxes, surcharges, fines, penalties, or similar charges which may be incurred by the Team or any Team Member as part of participation in the Event.

5.1.6 they will remain solely responsible for the selection of which countries, and which route to take during the Event, in order to ensure travel between the Start Line and the Finish Line.

5.1.7 they will not at any time act in a way which is detrimental or damaging to the interests, reputation or goodwill of the Company or the Event while wearing any promotional clothing or branded material associated with the Event, or whilst participating at any occasion where the Event is being promoted, and will proactively represent the Event in a positive light while wearing branded material.

5.1.8 they shall promptly comply with any and all reasonable instructions made by the Event Leader or legally made on behalf of the Company, with special regard to safety instructions, organisation, and the representation of the Event.

5.1.9 they will not do anything which might adversely affect the Commercial Rights, or the value of the Commercial Rights of the Company.

5.1.10 they will comply with all local laws of the countries which the Team selects to travel between the Start Line and the Finish Line.

5.1.11 they will ensure they will not, and no Team Member will, make any defamatory, derogatory, or generally negative statement(s), or take part in any activity, which may cause detriment to the reputation, brand, or goodwill of the Company, the Event, or to any other Collaboration Partner.

5.1.12 they will ensure the branded designs supplied are at a minimum located on the bonnet, and driver’s side door of the vehicle for safety, identification, and branded media purposes.

5.1.13 every Team Member has read, understood and has agreed to these Terms and understands and fully accepts the risks to their health and safety by entering the Event, without any liability on the part of the Company or those organising the Event.

5.1.14 they will ensure any Team Member who wishes to join the Team after the Entry Fee has been paid has read, understood, and agreed to these Terms and accepts the risks to their health and safety by entering the Event. Entry to the Team after the Entry Fee has been paid is acceptance of this Agreement and the Terms. The Team and Team Members hereby indemnify the Company against all actions, claims, losses, and expenses incurred by the Company arising out of any action or complaint raised by a Team Member who claims not to be aware of these Terms.

5.1.15 they will ensure that the Team, the Vehicle and the Team Members all have suitable and appropriate health, medical, and vehicle insurance in place to cover them for participation in the Event, and will produce evidence of the same to the Company on reasonable notice.

6. Intellectual Property Rights

6.1 In consideration of acceptance of the Team’s entry to the Event by the Company, the Team and the Team Members hereby acknowledge and agree that all Intellectual Property Rights arising from and in relation to the Event, such as name, logotype, format, films, photographs, and sound shall be exclusively vested in the Company.

6.2 The Team and Team Members further accept and agree that they shall not obtain any right in the Intellectual Property Rights arising from or in relation to the Event by virtue of their entry. They further warrant that each Team Member will not do anything to damage the Company’s rights set out in Clause 6.1.

6.3 For the avoidance of doubt, it is stated here that The Africa Rally in name and logo is a registered trademark under classes 35 and 39 of the Trade Marks Act 1994 of Great Britain and Northern Ireland. It’s trademark number is UK00004017100.

7. Termination

7.1 The Company shall have the right to terminate this Agreement immediately by giving written notice to the Team, or any active Team Member, in the event that the Team or any Team Member:

7.1.1 commits a material breach of this Agreement or the Terms prior to the Event and is incapable of rectifying such breach prior to 90 days from the Start Date;

7.1.2 commits a material breach of this Agreement or the Terms and does not remedy such breach (if required and capable to do so) within ten (10) days of being required to by written notice;

7.1.3 enters or is subjected to any form of bankruptcy or insolvency process, unless specifically approved to the contrary in writing by the Company;

7.2 The Company shall have the right to terminate this Agreement by providing two weeks (14 days) written notice to the Team in the event that it no longer wishes to, or is no longer able to, stage the Event.

7.3 Without prejudice to any of the rights of the Company, both statutory and within this Agreement, if the Team or any Team Member defaults on or is in breach of any of its obligations hereunder and fails to remedy such breach following notification from the Company, the Company may intervene, at the sole cost of the Team, in carrying out any obligation of the Team or any Team Member. The Team shall indemnify the Company from any liability in respect of such costs.

8. Force Majeure

8.1 The Company will not be held liable or be deemed to be in default of this Agreement, should it be unable to perform its obligations or host the Event or be prevented from allowing the Event to be completed for any reason outside of its reasonable control. This includes but is not limited to, civil warfare, civil unrest, strikes, elections, flood or fire damage, natural disaster, government order, legal requirement, imposition of sanctions by a Country affecting any of the areas where the Event is taking place, epidemic, pandemic, terrorism (threat of or actual), war (nuclear or conventional), inclement weather, and public authority intervention (such as in not granting a permission, clearance, or exemption).

8.2 The parties will continue to perform their obligations under this Agreement to the extent that they are not prevented or affected by the Force Majeure.

8.3 Should the Force Majeure delay or affect the performance of the Company’s obligations under this Agreement to host the Event at all, or if the Event has commenced then it prevents the Event from continuing for a period of a week during the Event Period, then the Company may terminate this Agreement without penalty. Termination must be provided in writing to all concerned parties. Any liability incurred prior to termination is still due.

9. Commercial Rights

9.1 Without prejudice to Clause 6, the Team and Team Members acknowledge that the Company will be seeking to maximise the income from the exploitation of Commercial Rights for the Event, by entering into a number of Collaboration Agreements with Collaboration Partners. The Team and Team Members will co-operate with the Company and where necessary the Collaboration Partners in order to protect the Commercial Rights, and in particular the Team and Team Members agree that:

9.1.1 no Team or Team Member will assert any claim to use, sell or exploit, any of the Commercial Rights in connection with the Event or the Company, and will not develop or acquire any rights in relation to the Event which are similar or compete with the Commercial Rights;

9.1.2 no Team or Team Member shall use or advocate by their own description any product as the “Official” product or service to the Event, during their participation in the Event;

9.1.3 no Team Member shall allow his or her name or likeness to be used in a commercial advertising campaign or for any commercial purpose which involves a direct or indirect reference to the Event;

9.1.4 no Team or Team Member shall seek to use their participation in the Event for their own commercial gain;

9.1.5 any permission for the Team or Team Members to film all, or any part of the Event, is permitted on the conditions that:

9.1.5.1 They observe any directions made to them by the Company with regard to filming;

9.1.5.2 They create the film only for private use and that no part of the film is exhibited or distributed for commercial gain;

9.1.5.3 Should they wish to broadcast the film to any public audience this is done only with the written permission of the Company;

9.1.5.4 The Team and any Team Member understand that any film made pursuant to this Clause hereby assigns full title guarantee to the Company all rights of any nature whatsoever in perpetuity, including copyright of said film.

9.1.6 Although the Company permits the Team to create any website or social media presence in connection with their participation in the Event, it is operated in accordance with this Agreement, and in particular this Clause 9.

10. Media Rights

10.1 The Team and Team Members accept that the Company has consent in perpetuity to utilise on a royalty-free basis any media created by any Team or Team Members or individual associated with their Team, while preparing for and participating in the Event. This includes any photographs, videos, articles, biographical data, novels, voices, quotations, and other associated media.

10.2 The Team and Team Members shall have no right to approve the re-use of media created under Clause 10, but it will be deemed that the Company can utilise it by nature of the Team’s entry into the Event.

10.3 For the avoidance of doubt, the Team and Team Members shall have no right to approve the use of Commercial Rights licensed under Clause 9.

11. Personal Risk

11.1 Each Team Member acknowledges that they are agreeing to enter and participate in this Event on their own free will and cognisant of the fact that rally events are dangerous events which could lead to injury or even the loss of life, and they each individually accept the personal risk associated with participation in the Event, and agree to mitigate the implications of this by acquiring suitable medical and travel insurance at their own cost.

11.2 Each Team Member agrees to provide proof of insurance documentation on request by the Company.

11.3 Each Team Member agrees to provide to the Company relevant personal information, such as next of kin, and emergency contacts, as required, in order to assist the Company in mitigating any personal risk to Event participants. The Company agrees to keep this information only for this limited purpose and only for the duration of the Event, at the end of which this personal information will be deleted.

12. Dispute Resolution

12.1 All disputes, issues, complaints, or objections regarding a Team’s participation in the Event, the conduct of any Team Member, or the Event itself, shall be referred solely to the Event Leader in writing for determination as soon as reasonably practicable thereafter. All decisions and directives of the Event Leader shall be final and binding on the Teams and Team Members.

12.2 In managing and resolving any dispute, issue, complaint or objection, the Event Leader may, at his/her discretion, stipulate a timeframe for the submissions of information and/or evidence and their consideration of the matter, and institute or impose any of the following:

12.2.1 suspension or expulsion from the Event, or remainder of the Event should the Event have already begun, to any Team or individual Team Member(s);

12.2.2 any sanctions or fines upon a Team or Team Member(s) as they deem relevant and reasonable subject to the dispute matter;

12.2.3 eventual decision on whether a breach of this Agreement or the Terms has occurred, and whether the breach is subject to an event of Force Majeure as defined in Clause 8.

13. Confidentiality

13.1 The Team and all Team Members will keep the terms of this Agreement, the Terms and its dealings with the Company confidential and will not make any public announcement about the same, without prior written consent from the Company, except in those specific situations where it may be necessary to do so when required by law.

14. Trusted Persons

14.1 Unless specifically stated otherwise, the key point of contact and only “Trusted Person” for the purpose of this Agreement and the Terms is the Event Leader.

14.2 Any instruction to defer from the Terms made by any person other than the Trusted Person, should not be followed and should be immediately notified to the Event Leader.

15. Data Protection

15.1 The Company will only collect and process personal data in so much as it is necessary to meet its obligations in law, and its obligations in order to successfully delivery the support and services required to run the Event.

15.2 The Company will ensure compliance with its Data Policy, and any obligations which it might have under the EU’s General Data Protection Regulations 2016/679 (the “GDPR laws”), the Data Protection Act 2018, and any Relevant Law such as the Protection of Personal Information Act (POPI) in South Africa.

15.3 The Team Members participating in the Event consent to the use of their personal data in order for the Company to successfully deliver the Event. Team Members accept that the Company cannot deliver the Event unless they provide sufficient personal data as part of their registration to the Event.

15.4 The Team Members participating in the Event understand that the Company may have to share their personal data with third parties for the purpose of successfully delivering the Event, however the Company will not share data for the purposes of any third party marketing activities without the Team Member’s specific additional consent.

15.5 Personal data will be held for a period of up to 3 years after the Event for audit purposes and records management, or so long as is necessary to do so by law in order to meet the Company’s legal obligations.

15.6 Should a Team Member wish to register a complaint about the use of their personal data, or request clarification on that use, they must contact the Company HQ on email info@africarally.com and insert the subject line “for the attention of the Data Officer”.

16. Fundraising

16.1 The Company, although not a registered charity, aims to have a positive impact on the countries, and regions, of the world in which it operates. All Teams and Team Members agree to act with a similar ethos while taking part in the Event, and to be mindful and respectful of the laws and customs of the countries and regions where there will be during the Event.

16.2 Teams are expected to select a chosen charity to support as part of their participation in the Event, and aim to raise a minimum of GBP 500.00, USD 650.00, RAND 10,000.00, or similar in their local currency.

16.3 The Company, on request, agrees to help promote the chosen charities of Event Teams, subject to them aligning with the ethical and environmental goals of the Company.

16.4 All donations due to charities should solely be collected through reputable platforms (such as justgiving.com), and paid to the selected charity within four (4) weeks of the Finish Line for the Event. The Company does not endorse any one platform over the other.

16.5 The Company will permit low-level commercial sponsorship, for example on Team clothing, or on the Team vehicle, for the purposes of raising additional money for their chosen charity. This permission is given subject to the terms contained within Clause 9 and Clause 10.

17. Refund Policy

17.1 In order to ensure future Events are viable, and to ensure fairness to any Teams currently on a Waiting List for an Event, the following refund scenarios apply.

17.1.1 A full refund will be available to any Team when the Company is supplied with written confirmation of the Team’s refund requirement and the date is more than six (6) months prior to the Start Date.

17.1.2 A partial refund of 50% will be available to any Team when the Company is supplied with written confirmation of the Team’s refund requirement and the date is more than three (3) months prior to the Start Date.

17.1.3 No refund will be possible should the Company be supplied with written confirmation of the Team’s refund requirement and the date is less than three (3) months prior to the Start Date. The Team may be offered the option to defer to a future year’s Event at the Company’s discretion in this situation.

17.1.4 No refund will be available where a Team has opted to secure their place at the 50% deposit rate, and fails to pay the balance due less than 60 days prior to the Start Line date. At 90 days prior to the Start Line date, they will be put on written notice of this.

17.2 Should a Team wish to defer to a future year’s Event, they must contact the Company in writing as soon as possible, and it is at the Company’s discretion to allow this, whilst reserving the right to ask the Team to pay any increase in the entry fee for a future event.

17.3 In extreme and unusual situations where a Team cannot participate and requires a refund, the percentages detailed in this Clause may be increased subject to the Company’s discretion on consideration of the specific circumstances.

17.4 The Company will ensure all refunds are paid no later than thirty (30) days from the point of written notice of withdrawal or, as may be applicable, acceptance by the Company that a refund is due. It is the Team’s responsibility to ensure the Company is swiftly provided with appropriate bank details for such a refund to take place, and the name on the bank account must match that of the Team Member nominated to receive the refund. Any transaction fees due to process the refund will be deducted from the refund amount.

18. Anti-Bribery

18.1 The Team Leader, along with all Team Members confirm that they have not, and will not, directly or indirectly make any bribes, rebates, payoffs, influence payments, kickbacks, illegal payments, illegal political contributions, or other reputed payments, in the forms of cash, gifts, donations, or similar, in violation of the Foreign Corrupt Practices Act 1977, the UK Bribery Act 2010, or any other anti-bribery or corruption law.

18.2 The Team and the Team Members warrant that no member within the Team has been the subject of any investigation or inquiry by any Government Body with respect to potential violations of Anti-Bribery Laws, or been the subject of any criminal proceedings involving fraud, bribery or corruption.

18.3 All Team Members explicitly agree that they will not engage in any activity which may be construed as bribery, or facilitation, prior to, or during the Event.

19. Indemnity

19.1 The Team and the Team Members shall indemnify the Company against all actions, claims, losses, and expenses (including legal and professional fees) incurred by the Company in respect of loss or damage to any third party, including and with specific reference to third parties the Team or any Team Member interacts with, as well as from the services or products supplied.

19.2 The Team and the Team Members shall indemnify the Company against all actions, claims, losses, and expenses (including legal and professional fees) incurred by the Company arising out of any infringement of intellectual property rights to which the Team or any Team Member has been affiliated with in the course of participating in the Event.

19.3 The Team and the Team Members shall indemnify and hold harmless the Company against all actions, claims, losses, and expenses (including legal and professional fees) arising in respect of any injury, death, sickness, or ill-health caused to or suffered by any Team Member, as a result of the participation in the Event. This includes any personal injury both to Team Members, and/or caused by Team Members to any third party. The Company will not render any physical assistance to any Team while they are participating in the Event, but will supply an emergency contact number for advice purposes only.

20. General

20.1 Should any terms under this Agreement be deemed unenforceable by law, then that term will be amended, updated, or deleted in so much as is consistent with the intention of such term and as necessary to become compliant. This term will not affect the enforceability of the rest of the Agreement, which shall remain valid in its entirety.

20.2 This Agreement may only be modified, amended, or updated, if such change is made by a duly authorised representative of the Company, and provided to the Team or any Team Member in writing.

20.3 Important Event information will predominantly be sent by email and it is the responsibility of the Team and all Team Members to ensure the @africarally.com domain is white listed in their inbox to ensure they do not miss out on any important correspondence.

20.4 The Team and Team Members are solely responsible for planning their travel route, making all necessary arrangements and safety preparations, and in obtaining all necessary clearances, visas, and authorisations to complete their chosen route.

20.5 Nothing in this Agreement is intended to constitute a joint venture, partnership, or relationship of employment between the parties.

20.6 The Team and Team Members shall not be permitted to assign any of their rights or obligations to any third party under this Agreement without the prior written consent of the Company.

21. Governing Law

21.1 This Agreement together with any appended Schedules and amendments are read in accordance with the laws of England and Wales, and subject to the exclusive jurisdiction of the Courts of England and Wales.