Terms & Conditions
General Conditions
for the participation in the FIM JuniorGP 2022
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will be withdrawn from the entry lists of all the rounds pending to be held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@fimjuniorgpcom.
That rider expressly acknowledges,
assumes, and consents that driving or riding a motorized vehicle within the FIM
JuniorGP (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.
Given the COVID pandemic
situation in which the 2022 season of the JuniorGP begins, the rider will
comply with the General COVID Protocol that will be published on this link on
the FIM JuniorGP official website prior to the start of the season (https://www.fimjuniorgp.com/en/regulations?anyo=2022&what=otras_normativas). Given that due to
the pandemic circumstances or specific COVID regulations of the region where a
round is held, specific COVID regulations could be applied. This specific information
will be published in the aforementioned link to the FIM JuniorGP official website,
and the rider accepts that he will visit the aforementioned link on dates
closer to the celebration of the rounds that are part of the season calendar.
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
duly 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 CEV 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 CEV takes place, or any sponsor or third party involved in the CEV
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 (expressly including the infection by COVID-19 and its
consequences, including illness and/or death) 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. The details of this bank account are enclosed in these General Conditions. 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.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 by email before the first race
of the season in which they shall participate takes place. Moreover, they also
shall provide DWW, together with the first invoice of each year, 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.
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,
expressly including any symptoms that may be related to or associated with
COVID-19, refraining from going to the circuit in the event of presenting such
symptoms. 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 PARTICIPANT 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 Authorised 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 lawfulness of the
processing is the performance of the contractual relationship established
through the acceptance of the General Terms and Conditions, in accordance with
Article 6.1(b) of the GDPR. The PARTICIPANT 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 PARTICIPANT 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/content/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.
