1.1 Capitalised but undefined terms used in this clause 1 shall have the meaning given to them in clause

1.2 The following terms and conditions of NBC Dodoma Marathon (“the Event”) set out the general Terms and conditions for all applications to, and participation in, the Event.

1.3 Any person who applies to take part in, or compete in the Event, shall be deemed to have accepted and agreed to comply with these Terms and Conditions of Entry and Applicable Laws.

1.4 These terms and conditions shall be applicable to all participants of NBC Dodoma Marathon Full Marathon (42Km), Half Marathon (21Km), 10km Corporate Run, 5km Fun Run and 2.5km Run.

1.5 Registration and details relating to NBC Dodoma Marathon 2023 (“the Event”) is available on National Bank of Commerce Limited (“NBC”) website. (https:events.nbc.co.tz)

1.6 By registering to the event, the participant confirms to have read and fully understand and accepts these “terms and conditions” in full.

1.7 Participant declares that he is eligible to compete and participate as defined by World Athletics & Athletics Tanzania. Further in making this application to take part in the Event the participant agrees as follows.

2.1 In these terms and conditions, the following definitions shall apply:

a. “Agreement” the agreement between You and National Bank of Commerce Limited is governed by these terms and Conditions.

b. “Applicable Laws”: means all laws, statutes, regulations, codes, rules, guidelines, orders, permits, tariffs and approvals, including those relating to environment, health and safety or sanitary measures in the context of Covid-19, of any governmental authority that apply to You, or the subject matter of these Terms and Conditions.

c. “Event” means NBC Dodoma Marathon

d. “Event Date” means the announced date of the Event

e. “Fee”: the fee payable by You (or the charity or Company from whom You obtained the entry) to the Event in consideration of Your participation in the Event;

f. “Force Majeure Event”: any circumstance not within NBC’s reasonable control including: (a) acts of God, abnormally inclement weather, extreme whether (including extreme heat) flood, drought, lightning, storm, earthquake or other natural disaster; (b) epidemic, pandemic or infectious disease; (c) terrorist attack, civil war, civil commotion or riots, crowd disorder, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (d) nuclear, chemical or biological contamination or sonic boom; (e) any law or any action taken by a government, public authority, court, competent national authority or governing body, including cancelling a public event, imposing capacity restrictions on a public event, imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent; (f) collapse of buildings, subsidence, structural damage, fire, explosion or accident; (g) death of a member of the Royal Family; and (h) any labour or trade dispute, strikes, industrial action or lockouts;

g. “NBC”: means National Bank of Commerce Limited, incorporated and registered in Tanzania with Registration number 32700 whose registered office is at NBC House Azikiwe and Sokoine Street, PO Box 1863 Dar es Salaam;

h. “Officials”: any of the Event officials as appointed by NBC from time to time;

i. “Privacy Policy”: NBC’s privacy policy which can be found on NBC website

j. “Rules”: the laws, rules, and regulations of Tanzania Athletics and any other relevant governing body (including, where participants are taking part in a wheelchair, the World Para Athletics); and

l. “You” “Your”: the participant to the Event or, where You are signing as a parent or guardian for a child aged under 18 years for whom You are responsible, Your child.

2.2 Unless the context otherwise requires, words in the singular shall include the plural and, in the plural, shall include the singular.

2.3 a reference to a statute or statutory provision shall include all subordinate legislation made from time under that statute or legislation.

2.4 Any obligation on a participant not to do something includes an obligation not to allow that thing to be done.

2.5 References to clauses are to the clauses of these terms and conditions.

2.6 Any words following the terms “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, or term preceding those terms.

2.7 If there is any conflict between these Rules and the Agreement, the Agreement shall apply to the extent of the conflict.

(a) warrant that the information You have and will provide is accurate and true. You must not use any false information or misrepresent the information of another person as applying to You. Anyone who uses false or misleading information or documents to gain entry will have their registration cancelled and may be banned from future events. The use of false documents to obtain an entry may be a criminal offence.

(b) agree to pay the Fee to NBC (except where the charity from whom You obtained the entry has paid the Fee);

(c) agree to participate in the Event on the Event Date; and

(d) agree to abide by the Agreement, the Rules, and all Applicable Laws.

(e) You acknowledge and agree that running is an endurance sport

(f) You should only undertake such an activity to a level which reflects your level of fitness

(g) You are responsible for monitoring Your own physical condition prior to participation in the Event and;

(h) Your participation in the Event is for recreational and or charity fundraising purposes only and You will not participate in the Event for any commercial or business purposes. NBC has no liability to You for any loss of profit, loss of business, business interruption, or other loss of business opportunity.

4.1 NBC is under no obligation to hold the Event and may cancel the Event for any reason. You further acknowledge and agree that the event may be cancelled or delayed, due to forces beyond the event organiser’s control, including, but not limited to any acts of God, strike, war, riots, fire, floods, civil unrest, legislation, insurrection, pandemic, Government sanctions and/or trade disputes) and that in such circumstances, the event organiser shall not be required to refund the event’s entry fee.

4.2 NBC may cancel, abandon, or postpone the Event due to any Force Majeure Event. Under such circumstances; NBC will if practicable, provide written notice of such cancellation, abandonment, or postponement to the address it holds for You. In the event that written notice is not practicable due to timescales involved, NBC will use all reasonable endeavours to provide other suitable methods of notice, including but not limited to email, mobile phone, text messages, television, and radio broadcast

5.1 You hereby indemnify and hold harmless NBC and NBC Dodoma Marathon directors, employees, partners, organizers, and agents to the fullest extent possible in law, against any claims occasioned as a result of my participation in the event of whatsoever nature or howsoever caused, including, without limitation, any loss, injury, harm, illness, death or damage of whatsoever nature and howsoever caused arising directly or indirectly out of any act or omission, including negligent acts of negligent omissions by the parties, including any claim for consequential loss of damage, loss of profits or any claim by any of my dependents arising from events related to, in connection with or occasioned as a result of my participation in the event.

5.2 You confirm that You understand the importance and the meaning of this liability disclaimer, the waiver of claims, and indemnity and that by agreeing hereto, You are waiving substantial legal rights (on my own behalf and on behalf of my dependents). You acknowledge that You have been free to secure independent legal and/or other advice as to the nature and effect of all the provisions of this liability disclaimer, waiver, and indemnity and that You have either taken such independent legal and/or other advice or dispensed with the necessity of doing so.

5.3 You acknowledge and agree that NBC Dodoma Marathon event organized and/or managed by the event organiser (“the event “) is an event which includes inherent risks of serious injury, illness, death and/or damage to participants, and other equipment.

5.4 You acknowledge that the risks inherent in the event, include, but are not limited to risks arising from my skill and ability as an elite runner/walking athlete or any other named sport participant, my nutrition and fluid intake, my fitness and health prior to and during the event, the terrain which the event traverses, road surface, weather conditions, water conditions, vehicular and other road traffic, the actions of other competitors, the event organiser, sponsors and their principals, representatives, agents and assigns.

5.5 You undertake and agree to withdraw from participation from the event if advised or instructed by the Event organiser to do so or if I, at any time, sense or observe any unusual hazard or unsafe condition and You are in any way concerned that it is unsafe for me to continue with the event or if I, in any way feel unable or unfit to safely continue with the event.

5.6 You appreciate and understand the risks inherent in the event and my participation therein. You accept these risks and confirm that You will participate in the event at your own sole and absolute risk.

6.1 You undertake to follow all the rules of the Event and all directions and/or instructions given to You by the Event organiser and its principals, representatives, agents and assigns and understand that the events is sanctioned by World Athletics & Alliance of Independent recognized Members of Sport (AIMS) and Athletics Tanzania.

6.2 You understand that You may be photographed and/or filmed before, during and after the event. You agree and consent that the Event organiser, the sponsors and their principals, representatives, agents, and assigns may utilize any photographic, film or video image or likeness of You and Your name for any legitimate purpose in connection with the Event or future Events to be organized by the Event organiser in the name of NBC Dodoma Marathon or any other similar Event.

6.3 You further accept and acknowledge that it is in NBC’s legitimate interests to use and publish and exploit the content detailed in clause 6.2 in this manner (including any personal data contained therein) as it requires the ability to: (a) publish, display, sell and distribute the Event by means of film, television, radio, print media, internet, publicity material (or any other media known now or in the future); and (b) use the images for its safety and security, promotional, training, editorial or marketing purposes, as determined in NBC’s sole discretion (including use by NBC’s commercial partners and accredited media organisations). Notwithstanding the foregoing, where required to the extent permitted by law, You give Your consent to such use.

6.4 You shall not take, record and/or transmit any sound, image and/or description of the Event other than for Your exclusive, private, and domestic use (which, for the avoidance of doubt and by way of example only, shall not include recording and/or transmitting any sound, image and/or description of the Event for any commercial purposes).

6.5 You hereby consent and acknowledge that, due to your participation in the Event, the event organisers may contact You from time to time (by means of electronic mail, short message service and/or telephone calls) for purpose of: (i) communicating event related information; (ii) advertising certain products and/or services which may assist You in my preparation for, and performance in, the Event; and/or (iii) advertising athletics and/or other running events organised and/or managed by the Event organiser.

6.6 Parents or guardians authorising a minor’s participation in the event, hereby consents and agrees on behalf of that minor being bound to these terms and conditions and further indemnify and shall hold NBC and NBC Dodoma Marathon, employees, officers, directors, agents, partners, and organisers as provided under clause 1 of these terms and conditions.

6.7 You confirm and understand that no refunds or substitutions/changes for the Event will be issued for any entries that have been confirmed and paid for.

6.8 You agree that You will adhere to any health, and/or Government requirements as instructed by the Event Organisers.

6.9 Participation in the Event is personal to You. You are strictly prohibited from swapping, selling or transferring or offering to sell, swap or transfer the place in the Event or allowing any other person to wear the Event number. Multiple entries using the same registration details and/or email address will result in all of Your entries being disqualified. Any breach of this clause 6.7 shall render the entry void. If You are found to be in breach of this clause 6.9, Event Organisers reserves the right to exclude You from participation in future Events.

7.1 NBC reserves the right to change these Terms and Conditions of the event, if necessary, to ensure proper and safe staging of the event. NBC will notify You of any material changes via an email sent to the address indicated by You in the application or any other means of communication as may be applicable.

7.2 Should any provisions of these Terms and Conditions of the event be declared void, ineffective, illegal or unenforceable by any competent court, regulator or authority, the remainder of these Terms and Conditions of the event shall remain in effect as if such void, ineffective, illegal or unenforceable provision(s) had not been included.

8.1 These Terms and Conditions of the Event have been drafted in English language and may be translated into any other languages. In the event of any discrepancy between the English and any translated version, the English version shall prevail.

8.2 These Terms and Conditions constitutes the entire agreement between the parties and no party shall have any claim or remedy in respect of any statement, representation, warranty or undertaking, made by or on behalf of any other party in relation to the Agreement which is not already set out in the Agreement.

These Terms and Conditions shall be governed and construed by the laws of Tanzania. You agree that the courts of Tanzania have exclusive jurisdiction to settle any dispute arising under or in connection with these Terms and Conditions.