Event Entry Documents

FREQUENTLY ASKED QUESTIONS

EVENT ENTRY DOCUMENTS
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EVENT ENTRY FORM INDEMNITIES
Participants in some events are still being asked to sign entry forms that indemnify the organisers against all claims, however caused. We cannot emphasise enough that no-one should sign such a form, as in doing so they are likely to be breaching the terms of their own insurance policies and thus put themselves at risk of invalidating their insurance. An incorrect entry form indemnity can be worse than no indemnity at all.

Any entry form indemnity that uses phrases like ‘howsoever caused’ or ‘not withstanding that the same may have been caused or occasioned by’ is likely to fall into this category. Such wording was made illegal by the Unfair Contract Terms Act of 1977 because they go against the principles of fair contract by seeking to hold the organisers indemnified against claims resulting from injury or damage that they may themselves have been responsible for causing.

We urge clubs to check that their own event entry forms do not fall into this trap, and also to encourage their members to check what they are being asked to sign.

ENTRY DOCUMENTS
Some other organisers are demanding that entries should be accompanied by copies of registration documents, MoT certificates, driving licences and/or insurance certificates. This poses a risk that such copies could fall into the wrong hands, and might be used for inappropriate purposes.

FBHVC can see little reason for a club to see a copy of driving licence, insurance certificate, V5C or MoT. Any club that calls for these items is, by implication, taking at least some of the responsibility for ensuring that those taking part in their event are legal. Whilst we can understand the desire of organisers to make sure that everything is above board, it is sometimes wiser to leave responsibility for compliance with the law to the individual participant by simply getting him/her to sign an appropriately worded declaration.

If anything goes wrong, and (for instance) the person checking the insurance document has missed an exclusion in the small print, the organisers shares some of the responsibility because they have taken it on themselves to check the document. If they seek only the written confirmation of the entrant that the vehicle is legal, and that he/she is qualified, competent and insured to drive it, all responsibility remains with the entrant.

While it is difficult to see how photocopies of documents could be used for fraudulent purposes, there is always a risk and any event organiser who requests such copies should ensure they are shredded or burnt, rather than just dumped, when they are no longer required.

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