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TERMS AND CONDITIONS

Global Cycle Club

-A Website of C-Mental Health-


Definitions

“Global Cycle Club” or “GCC” refers to the entity of C-Mental Health, a registered 501 c3 non-profit corporation in the state of Virginia, United States of America. “GCC” includes, where appropriate, its employees, agents, contractors, and officers.

“Content” refers to photos and blogs uploaded to the Global Cycle Club profile page on the Global Cycle Club website.

“Rider” refers to the registered participant and/or eligible entrant/eligible participant in various website activities and/or events.

“Country-Rider”, “Cause-Rider”, or “Project-Rider” refer to the self-designated foci each rider can give to their fundraising efforts.

“Event” means any promotional cycling challenge conducted whenever promoted during the course of a calendar year.

“Team” is defined as any voluntary group of riders organizing via GCC website and/or riding for GCC purposes.

Effect of Terms and Conditions

These terms and conditions apply to any registered user riding throughout the year and during any GCC event and registration and/or participation rider are deemed acceptance of these terms and conditions.

GCC Entry And Participation Requirements

Rider must be by law aged 18 or over or who, if under 18, has sought the expressed approval of a parent/guardian – who has agreed to all of these terms and conditions – before completing registering for an Event or participating in becoming a Rider and designating himself “Country-Rider”, “Cause-Rider”, or “Project-Rider” and/or has joined a specific Team.

Global Cycle Club may, in its absolute discretion and without giving reasons for its decision, accept or refuse an application for registration and or participation and may seek verification of the above entry requirements in whatever manner it sees fit.

Global Cycle Club projects and events involve setting a personal ride distance target to achieve over the course of the month and/or over the course of a prolonged period of time, until goals are met. The Rider should seek professional advice from a medical practitioner before setting their personal goal and also should only participate if his/her mental health condition is deemed safe for riding bicycles.

Health & Safety

The Rider is responsible for ensuring that they have adequately and appropriately prepared both physically and mentally for any Event and/or chosen activities associated with being a GCC Rider/Country-Rider, Cause-Rider, or Project-Rider.

The Rider warrants that they have done so and are not aware of any illness, injury, physical disability or strong enough mental health impairment which may cause them injury or death during any Event or chosen activities associated with being a Rider/Country-Rider, Cause-Rider, or Project-Rider.

If the Rider has any health issues or doubts prior to or during any Event or chosen activities associated with being a Rider/Country-Rider, Cause-Rider, or Project-Rider (henceforth “chosen activities”), the Rider warrants that they will immediately seek appropriate medical or mental health advice.

If, during any Event, the Rider becomes ill or is injured, the Rider warrants that they will cease participation in the Event or chosen activities until they have sought the advice of a medical or mental health professional.

Compliance with State/Local Laws

During any Event or chosen activities, the Rider will comply with all traffic and road laws in the jurisdiction that they are participating in and any directions issued by officers of the law in their state or local jurisdiction.

The Rider will wear a USA standard cycling helmet at all times during the Event or while riding a bicycle to collect miles.

Riders in countries other than the United States are expected to comply with all road laws in the jurisdiction of the country, state, and locality that they are participating in and any directions issued by officers of the law in their local jurisdiction. Riders in other countries are expected to comply with all standards of cycling safety during any Event or chosen activities, including wearing a helmet and bright clothing and proper lighting.

Waiver and Acknowledgment

The Rider acknowledges and agrees that cycling is inherently dangerous and that they participate in Global Cycle Club activities and events at their own risk. The risks associated with participating in Global Cycle Club include but are not limited to the risk that:

  1. the Rider may be involved in a collision with people, animals, vehicles and/or other objects;
  2. the Rider may suffer harm from physical or mental exertion;
  3. the Rider’s bicycle may mal-function and the Rider may fall;
  4. the Rider may otherwise fall from their bicycle; or
  5. the Rider may suffer from the effects of heat, cold, wind, rain and other weather conditions.

Each of these risks may result in the Rider suffering harm including but not limited to death, physical or mental injury, disability, property damage and economic loss. There may be other risks to which the Rider may be exposed, including injury caused to other parties or damage caused to the property of other parties. It is the Rider’s responsibility to ensure that they abide by all road and safety rules, including wearing appropriate clothing and safety equipment, such as helmets, brightly colored vests and lighting, as may be required by the state and local laws in the jurisdiction in which they are riding.

Release, Indemnity and Liability Exclusions

The Rider releases Global Cycle Club and C-Mental Health from all claims (including those arising out of negligence), loss, damage, liability, cost and expense arising out of the Rider’s participation in any GCC Event and chosen activities and the Rider indemnifies Global Mental Health Club against any claim (including but not limited to those arising in negligence), loss, damage, liability, cost and expense that may be incurred or sustained by Global Cycle Club in connection with any act, matter or thing done, permitted or omitted to be done by the Rider or which was in any way connected with the Rider’s involvement in the Global Cycle Club.Nothing in these terms and conditions excludes, restricts or modifies any term, condition, warranty, guarantee, right or remedy which cannot lawfully be excluded, restricted or modified.
REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL GLOBAL CYCLE CLUB AND/C-MENTAL HEALTH BE LIABLE TO THE RIDER FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, FUNDAMENTAL BREACH, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT GLOBAL CYCLE CLUB AND/OR C-MENTAL HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Exclusion

EXCEPT AS EXPRESSLY INCLUDED IN THESE TERMS AND CONDITIONS, ALL IMPLIED TERMS, CONDITIONS, WARRANTIES, RIGHTS OR OTHER ADDITIONAL OBLIGATIONS THAT CAN BE LAWFULLY EXCLUDED ARE EXCLUDED FROM THESE TERMS AND CONDITIONS.

Content and Data

The Rider agrees that while Global Cycle Club will provide access to differing mobile applications, now or in the future, to record ride distances in good faith, it cannot be held responsible for the loss of data which may eventuate from the application itself or in transmission between the application and the website.

Global Cycle Club does not claim ownership of content the Rider may submit or make available for inclusion on https://globalcycleclub.com. However, with respect to content the Rider submits, the Rider agrees that the information is true and accurate and reflects honest beliefs and experiences. Also, with respect to content the Rider submits, the Rider grants Global Cycle Club and C-Mental Health a worldwide, perpetual, irrevocable, royalty-free and non-exclusive license, as applicable, to use, distribute, reproduce, modify, adapt, publicly perform and publicly display and otherwise exploit such content for the purposes of promoting Global Cycle Club and C-Mental Health.

Privacy and Personal Information

Global Cycle Club and C-Mental Health collect personal information about Riders to include those Riders in any Event and in any chosen activities, and in certain circumstances, to award prizes to Riders. If the personal information requested is not provided, the Rider cannot participate in the Event or chosen activities. By participating, each Rider consents to using and disclosing their personal information to Global Cycle Club and C-Mental Health’s agencies and other third parties engaged to provide services in connection with any Event or chosen activities for use for contacting the Rider in relation to any Event or chosen activities and the purposes set out in the privacy policy of available at https://globalcycleclub.com/privacy-policy.

The Rider grants this consent until such a time as they withdraw their consent by giving notice to Global Cycle Club. The Rider can also gain access to, update or correct any personal information held by Global Cycle Club by contacting Global Cycle Club at contact@globalcycleclub or call 757-403-3319. By entering the Event or any chosen activities as presented on the website, the Rider agrees that:

  1. they may be contacted by Global Cycle Club and/or C-Mental Health (or an agent of Global Cycle Club and/or C-Mental Health) to provide comments about the Event or any chosen activities and Global Cycle Club and/or C-Mental Health (or an agent of Global Cycle Club and/or C-Mental Health) may take photos or recordings of them;
  2. Global Cycle Club and/or C-Mental Health may use any comments obtained from them, their name, and/or likeness and any photos or recordings of them (“the Materials”) for Global Cycle Club and/or C-Mental Health’s future promotional and marketing purposes without further reference or compensation to them;
  3. Global Cycle Club and/or C-Mental Health may duplicate, alter, adapt, publicly display, publicly perform and otherwise utilize the Materials as Global Cycle Club and/or C-Mental Health’s wishes at anytime, anywhere and by any means (including communicating them to the public in any media). Global Cycle Club and/or C-Mental Health may license, authorize or otherwise transfer the rights in the Materials to others to do the same;
  4. they grant to Global Cycle Club and C-Mental Health on creation of the Materials a worldwide, perpetual, royalty-free, exclusive and irrevocable license to use the Materials for whatever purpose it determines;
  5. they unconditionally and irrevocably:
    1. consent to any act or omission that would otherwise infringe any of their moral rights in the materials (as may be provided for under relevant law and present and future rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this consent is given (“Moral Rights”); and
    2. waive all Moral Rights in the Materials; and
  6. they agree not to institute, maintain or support any claim or proceeding for infringement of their Moral Rights in the Materials.

General Provisions
  1. The Rider’s entry into any Event and chosen activities is personal and the Rider has no right to sell or assign that entry.
  2. If for any reason, any Event and/or chosen activities are not held or run as planned, Global Cycle Club reserves the right to take any action that may be available to it including cancelling, modifying or suspending any Event.
  3. Any Rider who engages in any unlawful or improper conduct which jeopardizes or is likely to jeopardize the fair or proper conduct of any Event or chosen activities or who does not comply with the entry process will be ineligible to participate in the Event.
  4. Global Cycle Club reserves the right to disqualify Riders in the event of non-compliance with the Terms and Conditions.

Global Cycle Club reserves the right to modify these terms and conditions at any time without prior notice. Continued participation in any Event or chosen activities after a change in these terms and conditions will be deemed to be Rider’s acceptance of the modified terms and conditions. Rider agrees to periodically check back with any Event and/or chosen activities on the website to ensure that no changes to these terms have occurred.