AGREEMENT REGARDING RECORD ATTEMPT
These Terms and Conditions are applicable to any Record Attempt prepared for and undertaken by you ("you" / "your" / "yourself") with the authority of GWR (a "Record Attempt"). Please note that if you (or any of the people taking part in the Record Attempt) are under the age of 18, you must ask a parent or guardian to read these terms and conditions and to sign at the end where indicated to confirm on your behalf that any Record Attempt you attempt shall be covered by these terms and conditions. By agreeing to these Terms and Conditions, you agree that all preparation for,undertaking of, and consequences of, any Record Attempt will be governed by these Terms and Conditions.
A Record Attempt shall only be deemed "authorised" by GWR when you have received from GWR:
(a) a claim number in relation to the Record Attempt ("Claim ID Number"); and
(b) email confirmation via the on-line claims process that the proposal set out by you has been accepted; and
(b) an email definition of the record that you will attempt to break ("Guidelines").
2.1 You acknowledge that the Record Attempt (even when conducted in accordance with the Guidelines and any safety advice as may be received by you from time to time) may be dangerous to you and others and you will be entirely responsible, at all stages of the Record Attempt for:
(a) deciding whether or not to proceed with; and
(b) all safety aspects in relation to the preparation for and/or the undertaking of the Record Attempt.
2.2 You will, at your sole expense, take all appropriate professional safety advice in relation to all aspects of risk and safety connected with the Record Attempt including, but not limited to:
(a) identifying any possible risks to yourself, other participants or spectators; and
(b) identifying and obtaining all medical and other resources that should be readily accessible at the place of the Record Attempt and you will take all necessary precautions and measures either identified in such advice or in accordance with health and safety guidelines issued from time to time by any relevant person, body or authority.
2.3 Except where arising out of its own negligence, GWR shall have no responsibility for the safety of any part of the Record Attempt and shall not be liable to you or your personal representatives for any loss, damage or injury to yourself or your property in connection with the Record Attempt.
2.4 Any safety advice provided to you by GWR will be by way of example only, nonexhaustive and will in no way detract from your responsibilities set out in paragraph 2.1 of these Terms and Conditions.
2.5 Any Guidelines sent to you by GWR will merely contain a definition of the record that you will be attempting and are in no way intended to provide any kind of safety advice or be construed as providing any comfort to you that the Record Attempt is free from risk.
You may request that a GWR adjudicator attend your Record Attempt. GWR will be under no obligation to agree to such a request. If GWR does agree to such a request you may be required to pay, at GWR's sole determination, for the airfare, accommodation and daily attendance rate of the GWR adjudicator.
4.1 Following the undertaking of your Record Attempt, you must submit to GWR the materials set out in the Schedule to these Terms and Conditions ("Materials") in order to enable GWR to decide whether or not your Record Attempt has been successfully completed. These Materials should be sent, for the attention of the Record Management Department with the Claim ID Number clearly marked to Guinness World RecordsTM Limited, 338 Euston Road, London, NW1 3BD, United Kingdom.
4.2 All Materials should be in English (with translations where necessary) and clearly marked with your name, address and Claim ID Number.
4.3 GWR will be under no obligation to return any Materials to you in any circumstances.
4.4 To the extent that you own the copyright in any Materials submitted to GWR, you grant to GWR an exclusive, free licence in perpetuity to use such Materials in connection with the publishing and marketing of any of GWR's publications and/or the exploitation of the GWR brand in any other media from time to time.
4.5 You agree to waive unconditionally all moral rights owned by you in relation to any Materials submitted to GWR, such that, without limitation, GWR has no obligation to identify you as the author or creator of any such Materials and you will have no right to object to the manner in which GWR treats those Materials.
GWR shall, at its sole discretion, decide whether any Record Attempt has been successfully completed in accordance with any Guidelines sent to you, and GWR's decision shall be final. It is your responsibility to contact GWR before making the Record Attempt if any aspect of the Guidelines is unclear.
6. Successful Record Attempt
6.1 If your Record Attempt is considered and authorised by GWR as being successful (a "Guinness World Record"), GWR will provide you with a certificate recognizing the Guinness World RecordTM and will include the Guinness World RecordTM in its private database of world records.
6.2 GWR may, at its sole discretion, allow details of the Guinness World RecordTM to be given to third parties, including the media and the general public.
6.3 GWR will be under no obligation to include the Guinness World RecordTM, or any details in relation to it, in any edition of the Guinness World RecordsTM book or any other GWR publication, website, television show or other medium in which GWR exploits its brand.
7. Personal Data
All "personal data" (as defined in the Data Protection Act 1998) provided by you to GWR (including your name, contact details, age and occupation) will be held and used by GWR for the purposes of:
(a) processing your application to undertake a Record Attempt;
(b) publishing and marketing any of GWR's publications; and
(c) exploitating the GWR brand in any other media.
and you consent to the transfer of such personal data to countries outside of the European Economic Area for such purposes.
8. GWR Trademark
8.1 You acknowledge that the words "Guinness World RecordsTM" and the "star and colum" logo are trade marks of GWR and are protected by trade mark registrations or applications for registrations throughout the world.
8.2 If GWR authorises you as having achieved a Guinness World RecordTM, GWR will grant you a non-exclusive limited licence to use the words "Guinness World RecordsTM" in order for you to refer to yourself for personal, non-commercial purposes as a "Guinness World RecordTM Holder". GWR may, at its sole discretion, consider granting you a nonexclusive licence to use the words Guinness World RecordsTM for commercial purposes subject to you entering into a licence agreement with GWR in a form provided, and in consideration for a fee determined, by GWR.
8.3 You will not be entitled to use any other trade mark owned by GWR.
You shall indemnify on demand and hold harmless GWR (and, as applicable from time to time, GWR's parent, subsidiaries, affiliates, officers, directors, agents and employees) from and against any and all losses, demands, claims, damages, costs, expenses (including reasonable legal fees) and liabilities suffered or incurred by GWR as a result of a claim by a third party arising out of your breach of any provision of these terms and conditions.
10.1 You warrant that all information that you submit to GWR in association with the Record Attempt will, to the best of your knowledge, be true and accurate in all respects.
10.2 These Terms and Conditions supersede any previous agreements between the parties relating to any Record Attempt or Guinness World RecordTM and no representations made by or on behalf of GWR in relation to any Record Attempt or Guinness World RecordTM shall form part of these Terms and Conditions (provided that nothing in these terms and conditions shall be deemed to exclude or restrict GWR's liability to you for its fraudulent misrepresentations).
10.3 These Terms and Conditions have been drawn up in English. Although translations in other languages of these Terms and Conditions may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of these Terms and Conditions and any other translations thereof, the English language version shall prevail.
10.4 A person who is not a party to these terms and conditions has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any provision of these terms and conditions but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
10.5 If any term, condition or provision of these Terms and Conditions is determined to be unlawful, invalid, void or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired.
10.6 These Terms and Conditions shall be governed by, and construed in accordance with, English law and subject to the exclusive jurisdiction of the English courts. Please sign below to confirm that you have read and understood these Terms and Conditions and that you agree that any Record Attempt shall be subject to these Terms and Conditions.