1. Acceptance of Agreement

This Terms of Use, Release, Indemnity, Disclaimer and Limitation of Liability Agreement ("Agreement") governs your access to and use of the RaceIQ platform and all related services provided by RaceIQ Technologies Private Limited ("RaceIQ", "we", "us", or "our").

By accessing, browsing, registering for, purchasing, participating in, attending, volunteering at, or otherwise interacting with any event, activity, service, website, mobile application, communication channel, registration platform, timing service, results service, or other offering provided through RaceIQ, you acknowledge that you have read, understood, and agree to be legally bound by this Agreement.

If you do not agree to the terms of this Agreement, you must not use the RaceIQ platform or services.

2. Nature of RaceIQ Services

RaceIQ provides technology, registration, payment facilitation, event management, timing, analytics, communication, marketing, and related support services to event organizers and participants.

RaceIQ's role is limited to providing technology and operational support services. Unless expressly identified in writing as the organizer of a specific event, RaceIQ is not the owner, operator, promoter, sponsor, controller, manager, or organizer of any event listed on its platform.

The event organizer remains solely responsible for the planning, promotion, operation, execution, safety, compliance, management, and delivery of the event and all services associated with it.

Nothing contained on the RaceIQ platform shall be interpreted as a representation that RaceIQ has assumed responsibility for the event itself or for the obligations of any event organizer.

3. Agency Relationship and Limited Role

You expressly acknowledge and agree that RaceIQ acts solely as a disclosed agent of the event organizer for the limited purpose of facilitating registrations, processing payments, communicating event-related information, managing participant data, providing timing and results services, and delivering related technology and operational support.

All registration fees, event fees, merchandise fees, donations, service charges, and other payments collected through the RaceIQ platform are collected by RaceIQ as a disclosed agent of the organizer and not as a principal organizer or event operator.

The collection of payments, issuance of confirmations, publication of event information, provision of participant communications, race timing, result publication, race kit distribution support, event marketing, or operational assistance shall not create any duty, warranty, guarantee, fiduciary obligation, partnership, joint venture, or other liability on the part of RaceIQ regarding the event itself.

RaceIQ does not assume responsibility for the organizer's obligations and does not guarantee the quality, safety, legality, execution, management, operation, or delivery of any event.

4. Organizer Responsibility

The event organizer bears sole and exclusive responsibility for every aspect of the event, including but not limited to participant safety, route design, route marking, traffic management, venue management, emergency planning, medical support, security arrangements, volunteer management, permits, regulatory approvals, insurance coverage, environmental compliance, participant communications, race kits, merchandise, awards, medals, prizes, refreshments, event facilities, event staffing, event cancellation decisions, event postponement decisions, event modifications, and all other operational matters.

RaceIQ neither supervises nor controls the organizer's conduct and makes no representation or warranty regarding the organizer's competence, financial condition, solvency, compliance with applicable law, insurance coverage, safety practices, or ability to successfully conduct the event.

5. Participant Assumption of Risk

You acknowledge that participation in races, endurance events, sporting competitions, outdoor activities, fitness activities, virtual events, and related activities involves inherent and unavoidable risks.

Such risks include, without limitation, falls, collisions, trips, slips, equipment failures, traffic incidents, adverse weather conditions, heat-related illnesses, dehydration, exhaustion, cardiac events, infectious diseases, animal encounters, criminal acts, acts of third parties, venue hazards, inadequate emergency response, natural disasters, force majeure events, and other foreseeable or unforeseeable circumstances that may result in injury, illness, disability, emotional distress, property damage, financial loss, or death.

You voluntarily and knowingly assume all risks associated with participation in any event facilitated, listed, timed, marketed, promoted, managed, or supported through the RaceIQ platform.

6. Release and Waiver of Liability

To the fullest extent permitted by applicable law, you hereby irrevocably release, waive, discharge, and covenant not to sue RaceIQ, its parent companies, subsidiaries, affiliates, directors, officers, employees, contractors, consultants, agents, shareholders, representatives, successors, and assigns from any and all claims, demands, liabilities, losses, damages, actions, causes of action, judgments, penalties, costs, and expenses of every kind and nature, whether known or unknown, suspected or unsuspected, arising out of or relating to:

1. your participation in any event;
2. your use of the RaceIQ platform;
3. the acts or omissions of any event organizer;
4. any injury, illness, disability, property damage, financial loss, emotional distress, inconvenience, disappointment, or death;
5. any cancellation, postponement, modification, rerouting, shortening, suspension, or disruption of an event; or
6. any failure by an event organizer to fulfill its obligations.

This release applies regardless of whether the claim is based in contract, tort, negligence, statutory duty, misrepresentation, warranty, strict liability, or any other legal theory.

7. Organizer Deficiency Disclaimer

RaceIQ shall not be responsible or liable for any deficiency, omission, negligence, misconduct, insolvency, breach of contract, operational failure, financial failure, safety lapse, communication failure, planning error, organizational deficiency, or non-performance by an event organizer.

Without limitation, RaceIQ shall not be liable for inadequate medical support, insufficient aid stations, unsafe routes, inaccurate timing results, delayed race starts, event cancellations, postponed events, missing race kits, unavailable merchandise, prize disputes, inadequate participant services, permit failures, insurance deficiencies, volunteer misconduct, venue issues, transportation problems, or any other matter attributable to the organizer.

All claims arising from such matters shall be directed solely against the event organizer.

8. Exclusive Recourse Against Organizer

You agree that any complaint, dispute, refund request, demand, claim, cause of action, loss, injury, damage, deficiency, or alleged breach relating to the planning, organization, operation, safety, execution, postponement, modification, cancellation, quality, or delivery of an event shall first be pursued directly against the event organizer.

RaceIQ shall have no obligation to investigate, adjudicate, compensate, reimburse, resolve, or otherwise assume responsibility for disputes arising from an organizer's conduct or performance.

The participant acknowledges that the organizer is the primary and responsible party for all event-related obligations and agrees not to pursue RaceIQ for claims that arise from the organizer's performance or non-performance except to the extent required by non-waivable law.

9. No Joint Liability; Waiver of Joint Liability Claims

Participants expressly acknowledge and agree that RaceIQ and the event organizer are separate and independent entities.

Participants expressly waive any right to allege, assert, plead, claim, or argue that RaceIQ and the event organizer are joint tortfeasors, joint venturers, partners, co-promoters, co-organizers, co-employers, alter egos, agents of one another, or otherwise jointly or severally liable for any claim arising from or relating to the event.

Participants further agree not to assert any legal theory intended to impose vicarious liability, agency liability, partnership liability, enterprise liability, joint venture liability, promoter liability, apparent authority liability, or similar derivative liability upon RaceIQ for the acts or omissions of an event organizer.

The participant acknowledges that RaceIQ's role is limited to providing technology and support services and that no relationship exists between RaceIQ and the organizer that would justify imposing liability on RaceIQ for organizer conduct.

10. Force Majeure and Unforeseen Circumstances

RaceIQ shall not be liable for any delay, interruption, modification, suspension, cancellation, postponement, service disruption, data loss, or failure to perform arising from causes beyond its reasonable control.

Such causes include, without limitation, severe weather, floods, earthquakes, storms, pandemics, epidemics, public health emergencies, governmental actions, regulatory restrictions, civil unrest, terrorism, war, labor disputes, transportation failures, utility outages, internet disruptions, cyberattacks, venue closures, supplier failures, acts of God, and any other force majeure event.

You acknowledge that events may be modified, postponed, rerouted, shortened, suspended, or cancelled due to such circumstances and agree that RaceIQ shall bear no liability for any resulting loss or inconvenience.

11. Payments, Refunds and Financial Responsibility

RaceIQ may facilitate payment collection on behalf of event organizers. Such collection is undertaken solely in RaceIQ's capacity as a disclosed agent of the organizer.

Refund eligibility, cancellation policies, transfer policies, deferrals, credits, and participant compensation are determined solely by the event organizer unless otherwise expressly stated.

RaceIQ does not guarantee refunds and shall not be liable for an organizer's refusal, inability, delay, or failure to provide refunds, credits, transfers, compensation, or other remedies.

12. Participant Indemnification

You agree to defend, indemnify, and hold harmless RaceIQ, its affiliates, directors, officers, employees, contractors, consultants, representatives, successors, and assigns from and against any and all claims, demands, actions, proceedings, liabilities, damages, losses, penalties, fines, judgments, settlements, costs, and expenses, including reasonable legal fees, arising out of or relating to:

• your participation in any event;
• your use of the RaceIQ platform;
• your violation of this Agreement;
• your violation of any applicable law or regulation;
• your negligent, reckless, intentional, or unlawful conduct; or
• claims brought by third parties arising from your actions, omissions, participation, or conduct.

This indemnity obligation shall survive the termination of this Agreement.

13. Disclaimer of Warranties

The RaceIQ platform and all associated services are provided on an "as is" and "as available" basis.

RaceIQ makes no representation or warranty of any kind, express or implied, regarding the availability, reliability, accuracy, legality, completeness, quality, merchantability, fitness for a particular purpose, or non-infringement of any service, event, organizer, or information provided through the platform.

RaceIQ does not warrant that any event will occur as scheduled or as advertised.

14. Limitation of Liability and Exclusion of Monetary Liability

To the maximum extent permitted by law, RaceIQ's total aggregate liability arising out of or relating to any claim, event, transaction, registration, payment, service, or use of the platform shall be zero, and RaceIQ shall have no financial liability whatsoever to any participant, organizer, user, or third party for any claim, loss, damage, injury, expense, or liability arising out of or relating to the platform, services, or any event, except to the extent that such limitation is prohibited by applicable non-waivable law.

Under no circumstances shall RaceIQ be liable for indirect, incidental, consequential, special, exemplary, punitive, or economic damages, including loss of profits, loss of opportunity, loss of goodwill, loss of data, business interruption, reputational damage, emotional distress, or similar losses, regardless of the legal theory asserted.

15. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of India.

Any dispute arising out of or relating to this Agreement or the use of the RaceIQ platform shall be subject to the exclusive jurisdiction of the competent courts located in Bengaluru, Karnataka, India.

16. Severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and shall be interpreted so as to best achieve the original intent of the parties.

17. Survival

The provisions relating to releases, waivers, indemnities, limitations of liability, dispute resolution, governing law, jurisdiction, and all provisions intended by their nature to survive termination shall continue in effect notwithstanding termination of this Agreement or cessation of use of the RaceIQ platform.

18. Acknowledgement

BY REGISTERING FOR AN EVENT, CLICKING "I AGREE," USING THE RACEIQ PLATFORM, OR PARTICIPATING IN ANY EVENT FACILITATED THROUGH RACEIQ, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY, UNDERSTAND ITS TERMS, AND VOLUNTARILY AGREE TO BE LEGALLY BOUND BY ITS PROVISIONS, INCLUDING THE RELEASE OF LIABILITY, ASSUMPTION OF RISK, ORGANIZER DISCLAIMER, INDEMNIFICATION OBLIGATIONS, WAIVER OF JOINT LIABILITY CLAIMS, FORCE MAJEURE PROVISIONS, AND LIMITATIONS OF LIABILITY SET FORTH HEREIN.