Terms & Conditions
General Conditions for the participation in the FIM CEV Repsol 2021
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.
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 competition must be communicated to DWW by no later than the Friday before the celebration of the competition.
The notification must be by e-mail to entry@fimcevrepsol.com.
The absence of a notification implies an economic penalty of 50 € for the first offence and of 100 € for the following offences, payable before the following race. If this payment is not made, the rider will be not authorized to compete.
That rider expressly acknowledges, assumes and consents that driving or riding a motorized vehicle within the FIM CEV Repsol (hereinafter CEV) 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 CEV 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 CEV.
The rider acknowledges and accepts that due to the global Covid-19 pandemic and the specific health risk it implies for all population, which may result in serious illness or death, as any vaccine or specific treatment to prevent/cure Covid-19 has yet to be proved completely to work, for the purposes of organizing and staging the FIM CEV Repsol to the most secure extent possible, DWW has adopted a preventive safety protocol aiming to reduce or mitigate risks of infection, as far as possible, during the FIM CEV Repsol events, adhering to and adopting the “COVID-19 Protocol” whose text and content will be published and updated along the season. The most updated “COVID-19 Protocol” version can be checked and read at https://fimcevrepsol.com/en/regulations?anyo=3D2021&what=3Dotras_normativas,which shall be applicable to and be binding on all personnel involved in the organization and taking part of the different events of the FIM CEV Repsol, including but not limited to the rider. Likewise, any protocol or specific regulation applicable to the circuit or territory where the FIM CEV Repsol events are being held will also apply and be of mandatory observance. The rider hereby acknowledges the content of the COVID-19 Protocol and accepts and agrees to be abide by the rules, measures and recommendations contained therein during the running of the FIM CEV Repsol events, as well as with all recommendations or demands that DWW, the competent Health and/or sporting authorities may make at any time aiming to mitigate risks of infection for COVID-19.
In relation to each and every event of the FIM CEV Repsol and in case that rider has been infected by the COVID-19 virus, has experienced any symptoms that may be compatible with COVID-19 or has been in contact with a third person who may have been infected by COVID-19 for the lasts 14 days prior to the event, the rider agrees not to attend or take part in the relevant event or competition as long as it has not taken a PCR test which results determine that it is not infected by the COVID-19, proof and results of which shall be kept by the rider at all times during the FIM CEV Repsol events and, upon request, the rider shall deliver them to the competent health, governmental, sporting or medical authorities. The rider declares and warrants that, with the means at his avail, and in any case when circumstances render advisable, he has and/or will undergo the existing tests to verify whether he is or has been infected by COVID-19.
The rider accepts that DWW, the circuit, or the local health and sports authorities adopt the measures contained in the “Protocol - COVID-19", as well as other protocols, regulations or recommendations that may apply to the organization and running of the FIM CEV Repsol, aiming to establish a reasonable safety scenario during the competition. In this sense, it is stated that DWW, the circuit or the local health or sporting authorities, in the course of the competition, may adopt measures or take decisions that are necessary to establish, apply and/or enforce the measures contained in its protocol and published guide, or any other measures that have the purpose of providing the FIM CEV Repsol event with a safe environment aiming to avoid COVID-19 infections. The rider acknowledges and accepts that under the current scenario, there is an objective risk of COVID-19 infection with the consequence that may arise his health or associated problems that may even cause him death. Although the preventive measures contained in the “COVID-19 Protocol”, as well as other protocols, regulations or recommendations of the FIM CEV Repsol, are intended to mitigate as far as possible or to avoid the risks of COVID-19 infection, none of these measures (even when combined) can be considered 100% effective, so there is always a potential risk of infection during the running of the FIM CEV Repsol.
The rider hereby acknowledges and understands that its participation in the Events of the FIM CEV Repsol under these circumstances entail additional risks to those normally existing in motorcycling competitions. The rider agrees to participate in the FIM CEV Repsol in such circumstances voluntary and at his own risk and responsibility, being solely responsible for any damages that it may be suffer.
The rider accepts that the “COVID-19 Protocol” contains sufficient and appropriate measures for the purposes of preventing or mitigating the risk of infection for Covid-19 and preserving the health of the attendants during the FIM CEV Repsol events, recognizing it cannot expect or demand a greater due diligence from DWW in the prevention or reduction of health risks associated to the current situation, it being agreed that in no event it can be considered that DWW has failed to fulfil its essential obligations as organizers, it being understood and agreed that (i) the Rider cannot demand payment of amounts, compensation, or refund of prizes or entry fees or any expense related to rights of participation that would have been incurred and (ii) exonerating and discharging DWW for any liability in relation to any possible damages that may arise for him, expressly including the infection by COVID-19.
The rider hereby acknowledges and agrees that any breach of the COVID-19 Protocol and/or safety measures or the non-observance or non-compliance of the orders and instructions of the organizers staff in relation to the security measures to avoid infections by COVID-19, will lead to the exclusion or disqualification of the rider participating in the FIM CEV Repsol, without prejudice of any other legal actions that may be derived against rider for said breach/es. The rider declares that he knows and accepts of all Sporting and Technical Rules, as well as the Supplementary Regulations of the mentioned event, 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 event 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 CEV 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 Events within the CEV shall comply with any and all relevant applicable Laws of the territory in which the Events 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 CEV (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, CEV’s and its sponsors’ image and/or reputation.
The prizes list can be checked here https://fimcevrepsol.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.
We inform you that the Spanish Tax Agency has issued a resolution (check fimcevrepsol.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 FIM -CEV 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 Events of the CEV. The rider will immediately notify the Doctor of the Event 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 Event of the CEV, the Doctor of the Event 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 CEV and/or in each of the Events, 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 CEV and/or each of the Events, including for identifying participants.
If the rider is injured or become ill in connection to or following to his participation in the CEV and/or in each of the Events:
(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 CEV;
(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 CEV 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 CEV 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 F.I.M, F.I.M. 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 event (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 CEV, 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 Event 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 fimcevrepsol.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.
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.
