In case of difference in interpretation regarding terms used in various translations of the rules and regulations of THE GREAT RUN, the English text will control.
Copyright 2013 by THE GREAT RUN. No part of this Rulebook may be reproduced without the express permission of THE GREAT RUN.
- Auto Art (K) Ltd - Amir Mohamed
- Motor Trader (K) Ltd - Joseph Murai
- Motoring Press Agency - J M Baraza
The management and staff of THE GREAT RUN are pleased to welcome you to The Great Run event. Whether you have participated since the debut or this is your first time, we sincerely hope you enjoy your time.
The Great Run does not have an element of competition in it. Racing can be dangerous. There is no such thing as a guaranteed safe race. Racing always carries with it the risk of serious injury or death in any number of ways. We therefore insist that The Great Run is NOT a competition of any sort, Although, THE GREAT RUN works to promote and enhance the safety of the event there are no guarantees that such safety measures will guarantee safety. The participant always has the responsibility for participant’s own safety and by participating in the event the participant accepts all risks of injury, whether due to negligence, vehicle failure, or otherwise. If at any time a participant does not accept these risks, the participant does not participate in the event.
It is the responsibility of the participant to be familiar with the contents of this Rulebook and to comply with its requirements.
PARTICIPANT AGREEMENT AND ADMINISTRATIVE AND PROCEDURAL RULES
Certain terms used in this Rulebook are defined terms which when used herein, have the meaning set forth below:
THE GREAT RUN: This term, as used in the expressed manner (BLOCK LETTERS AND BOLD, AS LIKE THIS TEXT IN PARENTHESIS), shall be taken to signify the organizers (as defined under sub-section 1 under Staff) acting either individually, or as a unit; such actions being conducted by the organizers in an administrative capacity. Wherein the term The Great Run is used (lower case, underlined and non-bold, as like this text in parenthesis), it shall be taken to signify the event organized by the organizers, and falling under the organizer’s administration.
Participant: the term shall include officials, any person or entity, possessing or who has been issued a credential, and any person or entity directly or indirectly associated with any vehicle that has been permitted to enter an event site for the purpose of participation in an event, including but not limited to team, vehicle or otherwise.
As to an entity, the term ‘participant’ shall include each of the entity’s owners, principals, agents, parents, subsidiaries, division, partners, affiliates and other related persons or entities.
THE GREAT RUN may require at any time or from time to time that verified information regarding team and/or vehicle ownership, crew members and other information be supplied.
For any participant under the age of 18 both the participant and his/her parent or guardian are a participant and are bound by all provisions of this Rulebook, and in any administrative or disciplinary process, the parent and/or legal guardian shall participate in administrative or disciplinary process and shall be responsible for any penalty, fine or other matter in connection therewith.
Event: through out this Rulebook, there is reference to event or event. Whenever this term is used, it is intended to refer to The Great Run as defined above.
Scope of Rulebook
Every participant is bound by the Rulebook and is held responsible for knowledge of and compliance with the Rulebook. Ignorance and misunderstanding of a rule does not excuse non-compliance.
Participant’s knowledge and compliance with the Rulebook contributes to the safety of the event and is required.
By participating, every participant affirms then that he/she has read, understands and agrees to be bound by THE GREAT RUN’s rules and regulations, including those contained in the Rulebook, including amendments.
THE GREAT RUN had developed and published this Rulebook for the purpose of providing guidance in the conduct of THE GREAT RUN’s events and as to all aspects of participation in The Great Run whether or not related to an event.
THE GREAT RUN makes no representations or express or implied warranties/guarantees that compliance with the rules, regulations and agreements published in this Rulebook or as amended will reduce, prevent or guarantee against injury or damages. The rules, regulations and agreements herein constitute the minimum acceptance standards for participation and are intended as a guide for the conduct of the event.
THE GREAT RUN does not intend to imply by the publication of the Rulebook, by the conduct of various related events, by licensing drivers, by the acceptance of event entries or by any other act or omission to act that any person has the right or the inalienable privilege of participating in The Great Run events.
Participants at events are expected at all times, to conduct themselves in a professional and non-disruptive manner consistent with good sportsmanship.
The Great Run is an event suitable for attendance by all and suitable for unrestricted viewing by the general public. Any participant who, in the sole and absolute judgment of THE GREAT RUN
Verbally or physically threatens another person
Uses vulgar of profane language
Engages in unsportsmanlike conduct
Engages in conduct detrimental to The Great Run
Otherwise creates a condition or circumstance that is unsafe, unfair or out of order or;
Otherwise violates any of THE GREAT RUN’s rules, regulations or agreements shall have violated this rule regarding participant conduct
Any participant who believes to have a conflict of interest that does or may improperly affect The Great Run shall be disqualified.
PARTICIPANT COVENANT AND COVENANT NOT TO SUE
Participation in any and every aspect of The Great Run is a privilege and not a right
The participant voluntarily chooses to participate in accordance with all aspects of the Rulebook and by THE GREAT RUN’s decisions, whether or not related to the event
When a participant submits entry in the event and entry is accepted, the participant is obliged to participate in the event in good faith to the best of the participant’s ability. Unless prevented from doing so by matters beyond the participant’s control.
THE GREAT RUN’s Rulebook and the dispute resolution set forth within the Rulebook apply to any and all decisions, rules, regulations and/or omissions to act by THE GREAT RUN without limitation. For example and not by way of limitation decisions on classifications, reclassification of vehicles, whether an event is cancelled, postponed, or rescheduled, whether or not an event should be televised, what types of sponsors will be allowed on site at events at all to name but a few are all illustrative of types of decisions that are governed by and may be challenged only through dispute resolution procedures set forth in this Rulebook
At any event the participant is bound by and shall abide by the decisions of the event director(s), the event director’s designee(s) and THE GREAT RUN officials which are final.
THE GREAT RUN staff (officials) have no liability to participants, participant’s personal representatives, assigns, heirs, and next of kin for any and all loss or damage and any and all claims or demands to any property of the participant or property of others entrusted to the participant whether caused by the negligence of any release or otherwise.
The participant will not initiate or maintain, directly or indirectly, any kind of civil court lawsuit related to any THE GREAT RUN rule, regulation, agreement or decision, which lawsuit THE GREAT RUN determines to be conduct detrimental to THE GREAT RUN or The Great Run. Factors considered in determining whether a lawsuit is deemed detrimental to THE GREAT RUN or The Great Run include but are not limited to:
- the threat posed to maintaining the ability to conduct The Great Run
- the threat posed to the continued viability of the event
- disruption in sponsor relation
- damage to goodwill with vendors, sponsors, customers and members
- adverse effects upon the insurability of The Great Run and other damage to THE GREAT RUN
In order to preserve The Great Run and to preserve THE GREAT RUN’s ability to function and exist as a sanctioning body for The Great Run, THE GREAT RUN must and does rely on the foregoing covenant not to sue.
THE GREAT RUN would be severely damaged by breach of the covenant not to sue
In the event that any breach of the covenant not to sue involving a lawsuit, unless the participant prevails in the participant’s lawsuit, the participant:
- may be subject to permanent or temporary suspension or exclusion from The Great Run events and
- must pay all of THE GREAT RUN’s attorney’s fees and costs related to the lawsuit including but not limited to fees and costs for in-house counsel and
- May pay any fine assessed by THE GREAT RUN.
OBEISANCE OF KNOWN LAWS & SOCIAL CONVENTIONS
There is an existing speed limit, such a limit to be defined by THE GREAT RUN prior to the commencement of any and all Great Runs. All participants are required to adhere to this to ensure safety of participants and to avoid getting arrested or attracting fines.
SUBSTANCE AND ALCOHOL ABUSE
THE GREAT RUN will not tolerate the abuse of controlled substances or alcohol by any individual wishing to participate in the event. Any participant suspected of violating this rule will be referred to THE GREAT RUN for disciplinary action.
THE LAWS OF KENYA: TRAFFIC ACT
Each and every participant is required to observe the Traffic Act as defined by the Laws of Kenya. Violation of these may lead to disqualification. In the event that a participant violates a traffic law and is arrested or fined, THE GREAT RUN will not be responsible.
COMPLIANCE WITH RULES, REGULATIONS AND DECISIONS
Participant compliance with all of THE GREAT RUN’s rules, regulations and decisions is required. THE GREAT RUN has the right to take action against any participant for failure to comply with any decision, rule or regulation of THE GREAT RUN. THE GREAT RUN may in its sole and absolute discretion take the action it deems appropriate in response to any such failure to comply.
In addition to imposing any specific sanctions they may be identified herein, the action taken by THE GREAT RUN may include permanent suspension from The Great Run events and/or THE GREAT RUN, private admonishment, public admonishment, temporary suspension, probation, fines, permanent exclusion from The Great Run events or such other actions as THE GREAT RUN shall from time to time determine appropriate.
ASSUMPTION OF RISK AND RELEASE AND WAIVER OF LIABILITY
Participation in all aspects is voluntary.
The participant agrees that by entering and participating in an event, the participant has had the opportunity to inspect the event site and acknowledges that the event site is safe and suitable for the event.
The participant agrees that the participant will not participate in the event if he/she does not believe the event site is safe and suitable. The participant further agrees that by entering and participating in an event, the participant had had an opportunity to ascertain the staff and equipment on hand including without limitation number and location of personnel and number and type of rescue equipment and acknowledges the staff and equipment are adequate and suitable.
RELEASE AND WAIVER
Upon entering the facility, each customer must print and sign their name to the insurance waiver and release form (contained in the Registration Form as a waiver statement). The participant will not be granted entrance should they refuse to properly sign these forms.
EXCLUSION OF INFORMATION
This rules and regulations package is verified as being up-to-date and correct at time of publication. In case of any amendments or rules changes, participants will be notified through a newsletter. Participants are advised to keep up with any changes to the rules. THE GREAT RUN assumes no liability for the correctness of this package after rules revisions have been made. It will be any participant’s responsibility to be familiar with any and all rules changes, revisions, updates, clarifications and amendments.
THE GREAT RUN thanks you for your co-operation and participation.