Rules & Regulations

EXTREME KILIMANJARO MARATHON

KILITHON 2017

Terms and Conditions / Rules and Regulations

ARTICLE 1 : ORGANIZATION OF THE KILITHON

1. The First Extreme Kilimanjaro Marathon (Kilithon) is organized by Kilithon Team (Organizer) and will take place from 03 to 13 December 2017 in Kilimanjaro National Park in Tanzania. This 1st annual event will take place under the aegis of the Director of Tanzania National Parks and will bring together around
   50 participants.
2. Subject to the Conditions of Entry set out in Article 2, anyone between the age of 21 and 70 years of age can compete in the Kilithon.
3. In consideration for the payment of the entry fee, the Organizer allows you to enter the Kilithon subject to the terms and conditions of these rules and regulations.
4. You must read these Rules and Regulations carefully prior to registering for a Kilithon. You may only register and enter the Kilithon if you have read, understood and agreed with these Rules and Regulations. These Rules and Regulations represent a legally binding agreement between you and the Organizer
5. Every competitor must sign a copy of these Rules and Regulations, together with the Assumption of Risk and Waiver and Release of Liability in relation to the Kilithon and Waiver and Acknowledgement for Likeness and Intellectual Property in relation to the Kilithon before being allowed to start any of the Kilithon. In addition, every competitor must complete and sign all of the Mandatory Forms, as specified by the Organizer, and provide all required information, including but not limited to, the competitor’s emergency contact information, insurance details, medical information and a medical certificate signed by a medical doctor.
6. Organizer have complete discretion in applying these Rules and Regulations. These Rules and Regulations may be modified by the Organizer at any time without notice. The revised Rules and Regulations will be posted on the Kilithon website http://www.kiliextrememarathon.com (Website) as soon as reasonably practicable. The Rules and Regulations will be posted together with a list of time penalties that can be imposed and amended from time to time. Competitors will be solely responsible for familiarizing themselves with the most up to date version of these Rules and Regulations of the Kilithon at any given time.

ARTICLE 2 : CONDITIONS OF ENTRY

1. The Organizer reserves the right, in its sole discretion and at any time, to refuse to allow you to enter into or participate in a Kilithon, or to withdraw or cancel your offer of a place in a Kilithon from you. The Organizer is under no obligation to provide you with any reason whatsoever for such refusal or withdrawal.
2. You acknowledge and agree that the Kilithon take part in Kilimanjaro National Park in Tanzania, where everyday facilities and comforts to which you may be accustomed are unlikely to be available. You are expected to possess outdoor survival skills such as familiarity with outdoor gear, backpacking and common sense. You are not required to possess any technical navigation skills to take part in the Kilithon.
3. You acknowledge and agree that competing in the Kilithon will be physically demanding, and that you are aware of the nature of the Kilithon and that there are medical and physical risks associated with the Kilithon. You are solely responsible for your own training and preparation for the Kilithon. By applying to compete in a Kilithon, you warrant that you are physically capable of competing in the Kilithon.
4. You acknowledge and agree that endurance racing of the kind contemplated by the Kilithon entails the real risk of serious injury or even death from various causes including equipment failure, dehydration, fatigue, collisions or incidents involving other competitors, spectators, other road users and/or vehicles, aspects of the course, weather conditions, natural disasters, flood, fire, injury, disease and other causes.
5. You acknowledge and agree that you are responsible for obtaining and taking all necessary inoculations and medications (and have taken them in accordance with your doctor’s instructions) relevant to The United Republic of Tanzania (Tanzania) regulations.
6. You also acknowledge that it is your sole responsibility to carry your personal medications with you throughout the Kilithon. The Organizer medical staff will not be able to, nor will it be liable for failing to, supply personal medication during a Kilithon should a competitor fail to carry his or her own.
7. You agree to inform the Organizer on application of any preexisting illness from which you suffer that may affect your performance in a Kilithon or for which medical treatment may be needed. In addition, you agree to inform the Organizer, both on application and thereafter, as the need arises, of all medications that you are currently taking or will be taking while you are participating in any Kilithon.
8. The Organizer will provide professional medical support to competitors throughout the duration of the Kilithon. You give permission to medical staff to make decisions concerning medical care and treatment, and where necessary to authorize such care and treatment in emergency situations. You understand that Kilithon staff will make every reasonable effort, in the circumstances, to reach your emergency contact (if you have supplied one to us prior to the Kilithon) regarding your medical status in the event an emergency arises.
9. You acknowledge that the Kilithon operates in very remote areas of Kilimanjaro National Park and that transportation to the nearest hospital may take several hours or longer. You further acknowledge that the course may pass through terrain where emergency evacuation may be seriously delayed or in some cases not available.
10. The Organizer reserve the right, with or without consultation of a doctor, to stop and use such force as is necessary to restrain you from starting or continuing a Kilithon.
11. By agreeing to these Rules and Regulations and applying to compete in a Kilithon, you affirm that you have the understanding and mental capacity to communicate health care directives for yourself and that you are fully informed and understand the full import of the consents given by you to medical staff in this regard.

ARTICLE 3 : CODE OF CONDUCT & SAFETY

1. Any action of a competitor which results in either an unfair advantage to another competitor or in an unfair disadvantage to another competitor will result in a penalty against the competitor involved in the action.
2. You must immediately and respectfully comply with any direction or decision of the Organizer and the medical staff. Any failure to do so may result in disqualification or time penalties.
3. You must, at all times throughout the Kilithon in which you are competing, abide by the Tanzania laws, and behave in a respectful and considerate manner to local people, and to other people involved in the Kilithon (including fellow competitors, #Kiliton Team, volunteers and medical staff).
4. You are solely responsible for your own conduct and behavior, as well as for your own knowledge of and compliance with all applicable laws and regulations of the Tanzania. Neither the Organizer will be responsible for your conduct or behavior, compliance (or non-compliance) with, any of the laws or regulations of Tanzania.
5. If you encounter anything of concern while on the course which could be a threat to the safety of another competitor or staff, it must become your priority to alert the Organizer staff by getting to the nearest safe checkpoint and providing full details. This could include an obstacle on the course or an injured competitor.
6. Your behavior throughout the Kilithon must not prejudice the progress of the Kilithon, or the safety or wellbeing of any other person involved in the Kilithon (including fellow competitors, Kilithon Organizers, volunteers and the medical staff).

ARTICLE 4 : BOOKINGS AND PAYMENT

1. Any action of a competitor which results in either an unfair advantage to another competitor or in an unfair disadvantage to another competitor will result in a penalty against the competitor involved in the action.
2. You must immediately and respectfully comply with any direction or decision of the Organizer and the medical staff. Any failure to do so may result in disqualification or time penalties.
3. To compete in the Kilithon, you must first:
   1. complete and submit the Registration Form online on the Website;
   2. pay the entry fee for the Kilithon in accordance with the instructions given on the Website (you will not be eligible to compete in the Kilithon you have applied for until we have received full payment of the entry fee and the funds have cleared);
   3. agree to these Rules and Regulations, at the time of submitting the on-line registration and further sign to agree to these Rules and Regulations before starting the Kilithon;
   4. sign and submit to us the Assumption of Risk and Waiver and Release of Liability in relation to the Kilithon;
   5. complete and return all of the Mandatory Forms as specified by the Organizer on the Website (including, but not limited to, emergency contact details, insurance details, medical information, and a medical certificate signed by your doctor); and
   6. have insurance which covers for full hospitalization and emergency evacuation to your home country.
4. The Organizer reserves the right to withdraw the offer of a place in a Kilithon to you and (if already received) not refund you the entry fee for the relevant Kilithon if it does not receive the documentation specified in (c) to (f) above within 5 days of the start date of the Kilithon.
5. You are solely responsible for obtaining and complying with all specific passport, visa and immigration requirements associated with travelling to and entering the Tanzania and competing in the Kilithon. You should check and confirm the relevant passport, visa and immigration requirements with the relevant Consulate/embassy for the Tanzania prior to completing the registration form. The Organizer does not accept any responsibility for, and will under no circumstances be liable (including, without limitation, for providing a refund of the entry fee for the Kilithon) if you cannot travel to Tanzania for any reason, including without limitation your failure to obtain a visa, or if you are otherwise unable to compete in the Kilithon because of your non-compliance with any passport, visa or other immigration requirements. Tanzanian visa can be bought at Kilimanjaro Airport.

ARTICLE 5 : WITHDRAWAL, CANCELLATION OR ALTERATION

1. You agree that entry to a Kilithon is granted to competitors on a non-changeable, non-transferable basis.
2. You may withdraw from the Kilithon at any time, subject to the following provisions of this Article.
3. If you withdraw more than 90 days before the start date of a Kilithon you will receive a refund of the entry fee for the Kilithon, less US$600.
4. If you withdraw from a Kilithon less than 90 days before the start date, the Organizer will not be liable to refund you any portion of the entry fee for the Kilithon, or otherwise pay you any sum whatsoever.
5. The Organizer reserves the right to withdraw the offer of a place in the Kilithon to you for any reason and at any time. In such circumstances, we will provide you with a full refund of the entry fee for the Kilithon.
6. The Organizer reserves the right to:
   1. modify the Kilithon format; or
   2. change the dates of the Kilithon; or
   3. change the route of the Kilithon (trekking and marathon route);
   4. cancel the Kilithon any time before the official start date/time for reasons beyond the control of the Organizer; or
   5. cancel the Kilithon after it has started for reasons beyond the control of the Organizer.
7. If we modify the Kilithon in accordance with Rule 5.6 (a), (b), (c), (d) or (e), we will have no obligation to reimburse you the entry fee for the Kilithon.
8. If we change the dates of the Kilithon in accordance with Rule (b), we will have no obligation to reimburse you the entry fee for the Kilithon provided that we reschedule the Kilithon to commence on another date within 6 months before or 12 months after the date on which the Kilithon was originally scheduled to commence, and provided that we give you reasonable notice of the new dates for the Kilithon (which will in any case not be less than 2 months).
9. Except as set out in Rules 5.8 above, the Organizer will not have any liability to you for the rescheduling of any Kilithon.
10. The Organizer is not responsible for any other costs relating to 5.6 (a), (b), (c), (d) or (e) above. This includes, but is not limited to flights, hotels, insurance, visa etc.

ARTICLE 6 : LIMITATION OF LIABILITYN

1. To the full extent permitted by law, the Organizer is under no liability (whether in negligence or otherwise) to you for any Claim or Loss in connection with a Kilithon.
2. Notwithstanding Article 6.1, to the full extent permitted by law, maximum liability (whether in negligence or otherwise) to you for any Claim or Loss in connection with the Kilithon will not exceed the Entry Fee for the Kilithon.
3. Under no circumstance is the Organizer liable to you for any Loss including indirect or consequential loss however it arises.
4. For the purposes of this Article 6:
   1. “Claim” means any claim, allegation, cause of action, proceeding, Liability, suit or demand made against the person concerned however it arises and whether it is present or future, fixed or unascertained, actual or contingent.
   2. “Liability” means any liability or obligation however it arises and whether it is present or future, fixed or unascertained, actual or contingent including any liability for loss such as loss of profit, loss of revenue or loss of opportunity.
   3. “Loss” includes any loss, damage, Liability, compensation, fine, penalty, charge, payment, cost or expense (including any legal cost and expense) however it arises and whether it is present or future, fixed or unascertained, actual or contingent including:
      1. any loss of or damage to your equipment or belongings;
      2. any loss arising from injury or death;
      3. any indirect or consequential loss; and
      4. any other loss or damage suffered or incurred by you arising out of or in connection with competing in a Kilithon (including, without limitation, travelling to Tanzania)

ARTICLE 7 : INSURANCE

1. You must take out and maintain your own insurance for any risks associated with the Kilithon, including personal travel insurance which covers you for the duration of your time in Tanzania. This must cover you fully against the costs of hospitalization, medical care and repatriation if you were not able to continue the Kilithon, including the cost of air or other forms of evacuation and/or repatriation should sickness or injury necessitate such a course of action.
2. The Organizer has no control over, and accepts no responsibility for, the availability or standard of medical and/or repatriation services and facilities in the areas in which the Kilithon take place, and such services and facilities do not form any part of the contract between you and the Organizer.
3. You are solely responsible for your own equipment and belongings during the Kilithon and bear the sole responsibility for incidental or accidental damage (including wear and tear) to, or loss of, your own equipment and belongings. We recommend that you take out adequate insurance to cover your equipment and belongings.

ARTICLE 8 : THE COURSE

1. The Organizer reserve the right to add, modify, cancel or change the course at any time.
2. While competing in the Kilithon, you must stay on the marked course. If you inadvertently leave the marked course, you must re-enter the course at the exact place where you left it. If you intentionally cut or leave the marked course (as we or the Kilithon team may determine in our sole discretion), you may be disqualified or be given a time penalty.
3. If you leave a logical or obvious course or direction between course markings, you will be deemed to have intentionally left the marked course. Where two course markers are visible, you must go to the closest marker. If a logical or obvious route is evident and both visible markers are distant marks (i.e., one that is evidently not the next mark in sequence) you must proceed on the logical route. Unless directed to do so by a course marking, cutting switchbacks on paved or dirt courses is considered intentional course cutting.
4. The course may be changed by the Organizer for any reason including but not limited to weather, safety hazards or darkness and we may in our absolute discretion adjust marathon finish times to reflect any course changes.
5. The course will be marked by signs, arrows, ribbons, chalk, paint, lights, flags and other devices
6. The course will be marked with devices at intervals of between 100 and 200 meters depending on terrain and visibility. If you do not see a marker for 200 meters and you are not on the obvious or logical course, you must immediately return to the last known marker to find the correct course.
7. Two or more course markers placed together indicate an abrupt change in course direction. Multiple markings will be placed so that they can easily be seen while following the intended course. Markings will be placed between foot and head height and may be placed on the ground, rocks, trees, bushes or other stationary objects.
8. The course will be marked by other illuminated marking devices at night. You are required to carry a light that is sufficient to find unlit markers in the event that lights and other illuminating devices are covered, fail or go missing.
9. Course markings will generally be visible under normal lighting conditions. Abnormal conditions may include sand, dust, mist, fog, smoke, rain, snow or any other condition that reduces visibility (other than darkness). If abnormal lighting conditions occur, the Kilithon may be modified, delayed or cancelled until normal visibility conditions return.
10. The Organizer will make every effort to keep the course markers in place for the duration of the Kilithon. However, it is possible that markers may be taken, buried, blown over, covered, destroyed or otherwise rendered difficult or impossible to find. It is your responsibility to pay attention to the makings and to make intelligent decisions when following the course or to remain where you are in a safe location at the last course marker you saw.
11. You are responsible for (a) staying on the course; (b) slowing down to pay attention to the course markings or the absence of course markings; (c) waiting at the last course marker seen if you cannot see the next one.
12. If you are using a GPS, you must follow the marked course. You may not travel directly between checkpoints unless the course markers take that route. Cutting the course is against these Rules as they could be dangerous or lead to dead ends or impassable terrain. Cutting the course will result in disqualification or a time penalty being issued,
13. If you remove or change the location or direction of course markings, you will be disqualified.
14. At approximately every 12 kilometers / 7 miles along the course there is a checkpoint where staff, volunteers, water, some food and shelter are available to competitors.

ARTICLE 9 : ENVIRONMENTAL RULES

1. Kilimanjaro National Park. The Kilithon take place in the most remote and pristine areas of the world and Kilimanjaro National Park. It is therefore imperative that we leave no trace. The Rules of this minimum impact policy apply to everyone associated with the Kilithon, including competitors, staff, volunteers, film crews, press and sponsors
2. Absolutely no litter of any kind, including for example water bottles, caps from water bottles, energy bar wrappers or toilet paper shall be left on the course or in the tents. If you are found to have littered the course you will be heavily penalized or disqualified. All litter is to be carried to the closest checkpoint or campsite for disposal in the litter bins provided.
3. Tread Lightly. If you encounter plant foliage, do not step on it. Do not pick flowers, cut walking sticks from or otherwise damage the vegetation. Do not light any fires along the course. If there are unique rock formations, do not touch, disturb or deface the rocks. If you encounter any unique rocks or fossils, do not remove them from their location.
4. Kilithon involves few days trekking, basic camping techniques shall be employed. Leave no trace at your campsite.
5. Toilets. When at a campsite, you must use the toilet facilities provided. When out on the course, you must be at least 50 meters from a checkpoint, campsite, the course All human waste must be buried 20 cm below the surface, toilet paper must be placed in a toilet paper bag and carried to the next checkpoint or campsite to be disposed of.

ARTICLE 10 : UNIFORM AND SPONSORS

1. The Organizer may have sponsors for the Kilithon. You will not be allowed to have your own sponsors that conflict with the Organizer sponsors. You are not allowed to wear any personal sponsor badges, advertising or other patches on your shirt or jacket sleeves.
2. You must wear the Kilithon bib on your chest or stomach where it must be fully visible throughout the entire Kilithon. The Kilithon bib must always be positioned over any clothing or front pack. You must not fix your Kilithon bib onto your leg. The Kilithon bib must not be folded or hidden at any time. A time penalty will be imposed for any incorrectly placed bib.

ARTICLE 11 : EQUIPMENT

1. Every competitor must, at a minimum and at all times carry the equipment on the Mandatory Equipment List, posted from time to time on the Website. You will be solely responsible for familiarizing yourself with the most up-to-date requirements of the Mandatory Equipment List.
2. Different gear requirements apply for each Kilithon depending on expected terrain and weather conditions. You will be personally advised of these requirements by the Organizer prior to the Kilithon.
3. It is your responsibility to ensure that your equipment is fit for purpose prior to the start date of the Kilithon. Competitors may be subject to random equipment checks by the Organizer at any time. If any item of equipment as specified on the Mandatory Equipment List is found to be missing, a time penalty will be issued for each item missing or you may not be allowed to continue the Kilithon. If you are excluded from the Kilithon under the provisions of this Rule, no refunds will be given and the Organizer will not be responsible for any resulting costs, including costs of repatriation.
4. You must wear a flashing red light after sundown. The red light must remain pinned to the rear of each competitor’s backpack at all times until sunrise, while on the course. This red light must be worn in addition to the headlamp and backup light source as specified in the Mandatory Equipment List.

ARTICLE 12: FOOD AND WATER DURING THE TREKKING AND MARATHON

1. The Organizer will supply a water and some food at each checkpoint during the marathon.
2. The Organizer will supply a hot food and water at all campsites during the trekking.
3. While on trek, Organizer make sure that You get clean bacteria-free water every day. Water is boiled and cooled for You to drink and to rinse your mouth. Iodine can be used but it only kills the taste of the water.
4. Food can vary from camp to camp and places according to availability during the season. Normally, the food menu prescribes local product like chicken, beef, rice, potatoes, noodles and vegetable soups of variations.
5. Consumption of alcohol or drugs during the Kilithon from arrival at the gate of the Park until crossing the final finish line is prohibited.

ARTICLE 13 : PROTESTS

1. Protests (including, without limitation, disqualification, time penalties, time recordings and the conduct of other competitors) must be filed with the Kiliton Director within 30 minutes of crossing the finish of the Kilithon. Protests must be made to the Kiliton Director or a Kilithon Official, and may be made verbally, provided the protest is made discreetly and respectfully.
2. Any public protest or display of disgust concerning the Organizer, the contents of the Rules & Regulations, or their application, will result in severe time penalties being imposed, or in disqualification of the protesting competitor.
3. The procedure for deciding the outcome of any protest will be determined by the Kiliton Director and all decisions of the Kiliton Director shall be final and binding.
4. Any protest that the Kiliton Director, in his or her sole discretion, considers to be made in bad faith or in retaliation for a previous protest will result in a time penalty being imposed on the protesting competitor.

ARTICLE 14 : IMAGE RIGHTS, MEDIA CONTENT AND DEVICES

1. You irrevocably consent to:
   1. your appearance in the Kilithon being filmed, recorded, incorporated and exploited in whole or in part in any television programme, film, video or broadcast of whatever nature by any means and in any media and format now or invented after the date of these Rules and Regulations;
   2. the use and reproduction of your name, likeness, appearance and photographs, films and recordings by any means and in any media and format for the purpose of advertising, publicity and promotion of the Kilithon and the exploitation of the commercial rights relating to the Kilithon; and
   3. you further hereby waive any moral rights you may have in respect of any use, reproduction, modification, publication or broadcast of your name, image, appearance or likeness.
2. All content from photographs, official blogs, emails, promotional materials and other materials distributed by the Organizer is the exclusive property of the Organizer and must not be copied or distributed without the express written approval of the Organizer.
3. You are permitted to take personal video camera and shot cameras to take photographs and movies for personal use only. Any commercial use of such photographs and movies is prohibited.
4. You may use your own power sources to charge your personal mobile electronic devices. You may not, under any circumstances, use any of the power sources utilized by the Kilithon Organizers or volunteers to operate the Kilithon, to charge your personal mobile devices. Any violation of this Rule will result in a time penalty being imposed on you, or disqualification from the Kilithon.

 ARTICLE 15  : GENERAL

1. You acknowledge and agree that by taking part in the Kilithon you shall not rely on, and shall have no remedy in respect of, any statement, representation, warranty, understanding, promise or assurance (whether negligently or innocently made) of any person other than as expressly set out in these Rules and Regulations.
2. If any provision of these Rules and Regulations is to be held to be unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable from these Rules and Regulations, shall be enforced to the fullest extent allowed by law, and shall not affect the validity and enforceability of any remaining Rules and Regulations.
3. No waiver or amendment by the Organizer or by you of these Rules and Regulations shall be effective unless in writing and signed by both by you and a representative of the Organizer.
4. The agreement between you and the Organizer governing the Kilithon is made on the terms of:
   1. these Rules and Regulations;
   2. the Assumption of Risk and Waiver and Release of Liability in relation to the Kilithon;
   3. the Application Form for the Kilithon;
   4. the Mandatory Forms as specified by the Organizer on the Website (including, but not limited to, the emergency contact details, insurance details, specified medical clearance forms and a medical certificate signed by your doctor).
5. A copy of the Rules and Regulations, Assumption of Risk and Waiver and Release of Liability in relation to the Kilithon in relation to the Kilithon, Application Form for the Kilithon and Mandatory Forms as specified by the Organizer on the Website (including, but not limited to, the specified medical clearance forms) are available from the Organizer upon request.
6. Any dispute or claim arising out of or in connection with these Rules and Regulations, or the subject matter or formation (including non-contractual disputes or claims), shall be governed and construed in accordance with the laws of The United Republic of Tanzania. Each party submits to the non-exclusive jurisdiction of The United Republic of Tanzania.
7. In applying to compete in a Kilithon, you hereby consent to the Organizer using all personal information collected from or about you in connection with the Kilithon (including information collected by the Kilithon Organizers) for the organization, operation, administration and promotion of the Kilithon. You further consent to your personal information being provided to others assisting the Organizer in connection with the Kilithon. You may contact the Organizer to request access to any of the personal information relating to you collected and held from time to time by us.
8. The official language of the Organizer is English. You are solely responsible for reading and understanding all official Kilithon signs, directions, and oral instructions given by the Organizer and the Kilithon Organizers and medical staff.

ARTICLE 16: PENALTIES

1. The Rules and Regulations are in place to ensure a safe, fair and environmentally sound Kilithon. Penalties will be issued if any of the Rules and Regulations are broken, in particular those listed below.
2. Any action of a competitor which results in either an unfair advantage to the acting parties or in an unfair disadvantage to another competitor will result in a penalty against the competitor involved in the action.
3. All penalties below may result in disqualification on the second offence (unless specified otherwise).