Terms & Conditions
General Conditions for the participation
in the Finetwork FIM JuniorGP™
World Championship 2023
FIM, FIM EUROPE and Dorna Worldwide, S.L.U (hereinafter
DWW) reserve the right to not admit or dismiss any inscription. The name of a Rider
appearing in the provisional list is only for informative purposes and telling
the Riders that they have passed the first step in order to wait for the
definitive admittance. The definitive admittance only happens when all
conditions have been met, both the particulars for the Rider and the generals
for the championship, and when such definitive admittance has been officially
confirmed. Therefore, FIM, FIM Europe and DWW will never be responsible for the
Rider’s own acts or assumed by him/her when informed of his provisional admittance
in case that finally his/her inscription is dismissed or not admitted.
Applications/Entries are accepted by the Organization
on the basis of the double criteria of Team/Rider and the right to entry is
limited to the participation of the accepted Rider within the accepted
Team’s structure during a given season. Whether the accepted Rider wishes
to move to a different team, or the accepted team wishes to substitute the Rider,
changes are only permitted if previously approved by DWW. In any such case,
additional Entry Fees may apply.
The Rider acknowledges and consents
that, according to the Rules, DWW is allowed to restrict the number of the
participants in all or some races because of track capacity limits.
Non-attendance to a round must be
communicated to DWW at least 15 days before the celebration of the round. The
notification must be by email to entry@fimjuniorgp.com
In the event that the non-attendance of
a Rider is not communicated in a timely manner, the Rider will be withdrawn
from the entry lists of all the rounds pending to be held along the season. The
first infraction will carry a penalty of €100, which must be paid in the
week after the round that the Rider has not attended in order to activate the Rider’s
registration again. In the case of the following infractions, the registration
will be completely cancelled and will entail the loss of the registration already
paid, with no option to return the amount paid.
The obligation to inform about the non-attendance
of a Rider for one or several rounds corresponds to the owner of the
registration to whom the entry fee has been invoiced and must ensure that the
withdrawal of the participating Rider is communicated by email to entry@fimjuniorgp.com.
That Rider expressly acknowledges, assumes,
and consents that driving or riding a motorized vehicle within the Finetwork FIM JuniorGP™ World
Championship (hereinafter JuniorGP™) is a dangerous
activity and that he/she is fully conscious of the risks that are implied with
the access to restricted areas, which are circumstances that the Rider
furthermore sufficiently knows and expressly accepts. In this sense, the Rider
declares that he takes part in the JuniorGP™ at his own risk and will
bear the sole civil and penal responsibilities for any damages caused to or by
them or the vehicle while being used, without limitation, according to the
established in the Participation Conditions of the JuniorGP™.
Should
the Rider not being able to declare the above-mentioned points, he/she will
inform immediately DWW the same day of the registration if any of the above-mentioned
points are not true and, exactly, what are the conditions that are not met and
why. Likewise, if during the competition, before any round takes place, the Rider
is not able to declare the above, it will inform immediately DWW of the
conditions. Any failure to inform DWW of any of such cases, and therefore
causing a risk to other competitors or organizers, will result on the total
disqualification of Rider from the competition plus any other penalty that the
corresponding Federation may determine.
The Rider declares that he knows and
accepts of all Sporting and Technical Rules, as well as the Supplementary
Regulations of the JuniorGP, the paddock and credential regulations. The Rider also takes responsibility for getting his own License as required in the
Sporting Rules issued by his Federation. The Rider also takes responsibility for the required
age of the category so that it is commensurate for the round for which he
registers.
The Rider declares that in case of receiving personal and parking passes
and a scooter sticker from DWW allowing the use of such scooter within the
paddock area, the use of the vehicles shall be subject to the paddock and pass
regulations. Reception of such passes imply the acceptance of the JuniorGP™ regulations,
including the paddock and pass regulations, and acknowledgment and acceptance
that the scooter/s used shall be compulsory insured and drivers shall be in
possession of the proper driving license. Scooters above the 125cc are not
permitted.
The Rider (his father or legal guardant)
declares that he acknowledges that all legal responsibilities in which he might
incur, injuries, or damage caused or suffered by his participation which are
not covered by the insurance Policy of the organizing Club/Circuit, are at his
own expense, and therefore DWW, the promoter, the FIM, FIM Europe and/or the
National Federation of the territory in which the race is held are exempt from any responsibility.
The Rider expressly waives and refrains to
the maximum extent permitted by law from claiming any kind of liability arising
out of the participation in the JuniorGP™ expressly waiving to claim, to
DWW and/or any of its affiliates companies, the FIM, FIM Europe and/or the
National Federation of the territory in which the race is held, to the Circuits in which the JuniorGP™
takes place, or any sponsor or third party involved in the JuniorGP™ for
any kind of damages that may be derived from such participation, expressly
renouncing to any demand or claim for liability arising out from any loss,
damage, including the death, cost, expense, liability, proceeding, action,
demand, claim howsoever and whenever suffered or incurred by the Rider as
consequence of any act or accident due to or related with such participation
into such championship being all
hereinafter referred parties released from any kind of liability. It being
understood that this waiver of liability and actions to be taken pursuant to
this document are extended for express will of the Rider and their legal
representatives, to his heirs successors, representatives or tutors and
guardians in the events of death or disability of the Rider.
Any advertisement/sponsor displayed on
Team’s supports, expressly including the advertisements/sponsors on Rider’s
overalls, during the rounds within the JuniorGP™ shall comply with any
and all relevant applicable Laws of the territory in which the rounds take
place, it being agreed that the Team undertakes to release, indemnify and hold
DWW, FIM, FIM Europe and/or the National Federation of the territory in which
the race is held harmless from and against any liabilities, claims, demands,
actions or expenses whatsoever arising out of the advertising supports and/or
activities of the Team.
The Rider hereby declares and warrants
that the bike he will use during the competition he is registering to will
comply with any and all Rules, as well as the Supplementary Regulations of the
mentioned competition.
For good and
valuable consideration which the Rider acknowledges receipt, the Rider hereby grants in exclusivity
to DWW, including any of its affiliated companies, its image and voice rights
arising out from his/her participation in the JuniorGP™ (in perpetuity
and worldwide) of whatever registrations and/or audiovisual recording (whatever
it may be its support), for any and all uses, by DWW or through third parties, including
but not limited commercial and publicity uses, in any now known or in the
future developed support or media. The Rider expressly acknowledges that DWW
has the right to use the Rider’s name, image, voice and biographic data
for its use in all advertising and promotion of DWW and/or any motor sports
event or exhibition produced, presented or promoted by DWW and/or any of its
affiliated companies.
By signing this document, the Rider
agrees to participate in all promotional activities for which DWW may request
his/her participation. The Rider also undertakes not to carry out any activity
that may damage FIM’s, FIM Europe’s, DWW’s, JuniorGP’s
and its sponsors’ image and/or reputation.
You can check the prizes list here https://www.fimjuniorgp.com/en/entries/expenses-and-prizes. The Rider expressly accepts that the payment of the prize money is considered a remuneration for his participation in the race and it is based on his sporting result in the competition. The Rider has been informed and has expressly accepted that the prize money, if applicable, due to the class he is taking part and his result in the race will be transferred to the bank account provided on his entry form. Any amount in the form of an economic prize to which the Rider may be entitled based on his sporting results throughout the season will be required, and therefore it will be paid by DWW, at the end of the Championship season.
The collection of the prize is subject
to the Rider’s participation in all the rounds in which his registration
has been confirmed by DWW. Failure to attend one or more rounds for unjustified
reasons may result in the total loss of the prize money obtained by the Rider
for his results in each of the races held during the season. The generic
limitation period of five (5) years will apply for the right to receive the
prize money, to be computed from December 15th of the year in which such right is
obtained.
In accordance with Spanish tax
regulations and the JuniorGP™ Regulations, the Rider is the beneficiary
of the obtained prizes derived from his participation in the JuniorGP™.
Therefore, the assignment of the amount related to any prize money to a team or
to a third party will not be allowed. The Rider acknowledges that DWW will
apply the corresponding withholding. The Rider must also comply with his tax
obligations and invoicing obligation (if required).
We inform you that the Spanish Tax
Agency has issued a resolution (check www.fimjuniorgp.com/InfoCEV/pdf/2016_12_21_Resolucion_Hacienda.pdf) by which it notifies us that
recipients of statutory awards derived from their participation in FIM-CEV, who
are considered to be businesspersons or professionals (never a company, always
a natural person), must increase the amount to be paid by the VAT in force at
the general rate (21% as of the date of this communication), and issue the
corresponding invoice of the prize amount increased by the said amount. The
aforementioned invoice must be issued within five days after the conclusion of
the race, considering that DWW will pay the prizes in one payment at the end of
the Championship season.
In the event that the prize recipient is
not a businessperson or a professional, he or she shall not issue the invoice,
nor shall the prize amount be increased by the corresponding VAT.
All those recipients of prizes obliged
to issue the above-mentioned invoice and charge DWW the tax, undertake to
communicate DWW the aforementioned before the first race of the season in which
they shall participate takes place. Moreover, they also shall provide DWW with
a copy of the census declaration (FORM 036) in the case of residents in Spain,
and in the case of non-residents in Spain, the equivalent document of the
country in which the applicant's economic activity is registered or, failing
that, a certificate confirming that the person or entity is a taxable person
for VAT purposes prior to the first event of the season on which the Rider
takes part.
DWW will assume that the non-receipt of
the above-mentioned communication prior to the event, as well as the
non-receipt of the invoice and the proof requested within five (5) days after
the conclusion of the championship, mean that the prize recipient considers
that its participation in JuniorGP™ is not carried out as a
businessperson or professional and, therefore, the prize shall not include VAT,
being the Rider responsible for any non-compliance with the tax legislation
that this statement may imply.
The Rider
declares, acknowledges, and accepts that he is and must continue to be
medically and physically fit and able to participate in each of the rounds of
the JuniorGP™. The Rider will immediately notify the Doctor of the round in
writing, of any change to his fitness and ability to participate. The Rider
acknowledges and accepts that the Medical Director of the circuit will continue
to rely upon this declaration as evidence of his fitness and ability to
participate. The Rider hereby acknowledges that in case of accident/injuries
during his participation in any round of the JuniorGP™, the Doctor of the
round and/or other medical resources available at the circuit, the doctors and
medical staff of the hospitals in the vicinity of the relevant circuit (the
“Authorized Doctors”), may medically intervene according to its
competences and/or as they may consider necessary for the purpose of
safeguarding Rider’s health and physical condition. The Rider
acknowledges and accepts that if required, the Authorized Doctors may arrange
medical or hospital treatment (including ambulance transportation) for him. The
Rider acknowledges that DWW, the FIM, the FIM Europe, any other relevant
subject or person (the “Other Authorized Parties”) may also arrange
the medical treatment for the Rider following the Authorized Doctor’s
instructions.
The Rider acknowledges and accepts that
in consideration of and as consequence of his participation in the JuniorGP™ and/or in each of the rounds, the
Authorized Doctors may receive, collect, store, use and communicate personal
health information about the Rider. The Rider acknowledges and accepts that the
Authorized Doctors may collect, use and disclose personal information for the
purposes of conducting and administrating activities related to the JuniorGP and/or each of the rounds, including
for identifying participants.
If the Rider is injured or become ill in
connection to or following to his participation in the JuniorGP™ and/or in each of the rounds:
(I)
the Authorized Doctors and/or the
services engaged to provide medical services in addition to any hospital at
which he is treated (the “Carers”) will have health related
information about him in their possession, power and control subject to
obligations imposed by the Applicable Privacy Laws and Regulations intended to
protect his personal information (the “Rider’s Information”).
Other than as provided below, DWW shall not collect and/or have access to any health-related
information or sensitive information from the Rider;
(II)
the Authorized Doctors (or any of them)
may collect, treat and store any of the Rider’s Information and shall
have right to obtain Rider’s Information from third parties including the
Carers;
(III)
the Authorized Doctors (or any of them)
may disclose and communicate to third parties - including the Other Authorized
Parties - the Rider’s Information, provided that any Rider’s
Information disclosed and communicated shall be limited to the basic medical
result (e.g. type of injury) with the express exclusion of any further
sensitive data (e.g. medical record; medical treatment, etc.). Once provided by
the Authorized Doctors, this basic health information may be communicated /
disclosed by the Other Authorized Parties or other third parties by any means,
including TV and/or other media broadcasting/transmission and/or press release
in connection to the JuniorGP™;
(IV)
The Authorized Doctors and/or the third
parties - including the Other Authorized Parties - shall be authorized to use
any of the Rider’s Information received in accordance with this document
and its participation within the JuniorGP™ also for any purpose consistent with
creating safer competition in motorcycle sport and events held by or in
conjunction with DWW and/or the FIM and/or the FIM Europe and/or the relevant
Circuit.
If an injury occurs or is taken notice
during the JuniorGP™ or if the Rider’s health has been
affected such that his fitness for continuing in the motorcycling competition
has been put in question, the Rider –with regard to the security risk
also resulting for third parties– releases the doctors from their obligation
to professional secrecy towards DWW, the FIM, FIM. Europe and/or the
corresponding National Federation of the territory in which the race is held, and the Circuit and towards the
officials carrying responsibility at the round (Doctor of the Event, Clerk of
the Course and Sporting Stewards).
Rider’s rights to access its
medical, health or sensitive information derived from its participation in the JuniorGP™, to correct it and/or to request the
cancellation of said medical, health or sensitive information shall be
exercised in front the relevant Authorized Doctors, as it may applicable. If
requested by the Rider, DWW may help the Rider identifying the relevant
Authorized Doctors in each round for the aforementioned purposes.
The Rider has been informed and has expressly accepted
that the processing of the Rider personal data given
for the purpose of this document (save for medical or sensitive data, which -if
necessary- will be collected, used, treated and stored by the Authorized Doctors
and will be governed as provided above) shall be
governed by the Regulation (EU) 2016/679, of the European Parliament and
Council, dated on April 27th 2016, for the purpose of managing the
participation of the Rider and other purposes detailed in this document. This
processing is lawful because is necessary for the performance of the contract.
The Rider shall always
have the rights of access, to rectification, to erasure, to restriction of
processing, to object and data to portability by contacting DWW through letter
addressed to: c/ Príncipe de Vergara, 183,
28002 Madrid, SPAIN. Moreover, the Rider
has the right to lodge a complaint with the Spanish Data Protection
Authority. More detailed information in www.fimjuniorgp.com. The Rider provides the name and e-mail
of the Team’s Director and agrees to inform such person of the treatment
of such personal data by DWW on the same terms as hereby mentioned.
DATA PROTECTION. The Rider is informed that
his/her personal data (except for medical and/or sensitive data which, if
necessary, will be collected, used, processed and stored by the Authorized
Doctors and will be governed by the above) will be processed by DORNA WORLDWIDE,
S.L.U, as Data Controller, in accordance with Regulation (EU) 2016/679 of the
European Parliament and of the Council of 27 April 2016 (GDPR), for the purpose
of managing his/her participation in the competition and events linked to the
same, as well as other purposes mentioned herein arising from the contractual
relationship generated between the parties through his/her participation in the
FIM JuniorGP™. The Rider may exercise his/her rights of access,
rectification, erasure, restriction, objection, and portability by contacting DWW
by letter at the following address: c/ Príncipe de Vergara, 183, 28002
Madrid, Spain, or by sending an e-mail to the address of the Data Protection
Office that DWW has appointed for this purpose: dpo@dorna.com . In addition,
the Rider has the right to file a complaint with the Spanish Data Protection
Agency or the relevant Supervisory Authority . Full information on the
envisaged processing of personal data can be found in the Privacy Policy
accessible at www.fimjuniorgp.com/en/privacy-policy.
The Rider has been informed and has
expressly accepted that he will attend, if requested either by DWW, the FIM,
the FIM Europe or if applicable pursuant to the Regulations, to the FIM
MotoGP™ Awards and to the FIM prize giving ceremony for each year of the
Term (such attendance to last no more than forty eight (48) hours) it being
understood that the non-attendance of any such Riders at any such ceremony
(other than by reason of Force Majeure) may result in the imposition of
penalties including the loss of their titles, rewards and prizes (such
penalties being at the sole and exclusive discretion of FIM and/or DWW);
This document, as well as the legal
relationship between the Rider and DWW, shall be governed by and construed in
accordance with the laws of Spain and the parties hereto shall submit to the
exclusive jurisdiction of the relevant courts of Madrid (Spain) to the express
exclusion of any other jurisdiction that may be applicable.
In witness
whereof, we verify the herein established, acknowledging each and any of the
consequences that may arise signing this document, jointly signing with me the Rider in
acceptance and agreement with the terms of the present document.
