2019 GLOBAL ENERGY 10K, 5K AND 3K

PARTICIPANT RELEASE

I am submitting this participant release (“Release”) with the understanding that it will be used to determine my eligibility to participate in a 2019 Global Energy 10k/5k/3k Race (the “Race”), hosted and staged by Grupo Bimbo UK Ltd (“GBUK”). I confirm that the information I have provided above is accurate and that I have the right to execute this Release.

I understand and acknowledge that running/walking the Race is a potentially hazardous activity and that I should not participate in the Race unless I am medically able and comfortable doing so. By executing this Release I am affirmatively representing that I am in good physical condition, capable of participating in the Race, and that I am not aware of any medical or health condition, any physical defect or any other reason that would cause me to be unable to participate in the Race, or that would otherwise result in injury to myself or others or aggravate any medical, health or physical condition.

I assume all risks associated with running/walking the Race including, but not limited to, falls, contact with other participants, the effects of the weather, including high heat and/or humidity, or extreme cold; all such risks being known or of which I am aware and which are understood by me.

I hereby further understand and knowingly undertake the risks inherent in the conditions of the road and traffic on or near the course. Having read this Release and knowing these facts, and in consideration of GBUK (and GBUK's Race organiser, Cannonball Events Limited ("Cannonball Events")), accepting this Release and payment by me of fees to participate in the Race, I, for myself and anyone entitled to act on my behalf, waive and release GBUK, Cannonball Events, their subsidiaries, parent companies, affiliates, distributors, advertising and promotion agencies, the Race staff, and all of their respective directors, officers, employees and assigns (collectively, “Released Parties”) from all claims, injuries, losses, damages or liabilities of any kind arising out of my participation in the Race (including any travel/activity related thereto or any injury or death) save, in each case, with respect to personal injury or death caused by the negligence of any such Released Party.

I grant GBUK (and their designees, including Cannonball Events) the right to use my name, city and county of residence and photograph or likeness for any advertising and promotional purposes online and off-line in any and all media now or hereafter known throughout the world in perpetuity without additional compensation, notification or permission, unless prohibited by law. I understand that I may be photographed, videotaped and otherwise recorded (collectively, "Footage") by GBUK and/or Cannonball Events (and their designees) while participating in the Race. Footage will be owned by GBUK and Cannonball Events which each have the right to use, edit, adapt, post, stream, copy and exploit such Footage and all elements embodied therein, including my name and likeness when appearing in the Footage, in any and all media now known or hereafter devised throughout the world, in perpetuity, for advertising, promotional, trade and other purposes.

I warrant and represent that I have the full right and power to enter into this Release, and that the terms of this document do not in any way conflict with any existing commitment on my part.

I understand and agree that this is a complete RELEASE and DISCHARGE of all claims and rights of the undersigned against the Released Parties, and that no action will be taken by or on behalf of the undersigned with respect to any such rights; it being understood that this Release shall be binding upon my parents, guardians, heirs, executors, and administrators.

I further understand and agree that my participation in the Race (including my registration to participate in the Race and the payment by me of fees to participate in the Race) is further subject to GBUK's Race Terms and Conditions as set out below.

Only persons aged 16 years or above on Race day 22 September 2019 may register for the 5k and 10k Race. The 3k Race is open to all ages, however, any persons under the age of 16 years on Race day must be accompanied by at least one adult. I agree to this participant Release and Race terms and conditions on behalf of anyone entering under the age of 18 on their behalf and accept full responsibility for this entry.

GRUPO BIMBO UK LTD - TERMS AND CONDITIONS OF ENTRY

GLOBAL ENERGY RACE 2019 - UK

DEFINITIONS

“Fee” means the price of Race entry which is payable prior to Race participation.

“Online Registration Form” means the pages within the Website which must be completed prior to Race participation.

“Online Confirmation” means confirmation of acceptance (sent via email from the Race Organisers to the Participant) to participate in the Race.

“Participant” or “you” means the named person on the Online Registration Form.

“Personal Data” means the participant’s name, delivery address, email address, phone number, race number, t-shirt size, gender, medical conditions, emergency contact information and age (if applicable).

“Parties” means the Grupo Bimbo UK Ltd ("GBUK"), the Race Organisers and the Participant.

“Race” means the Global Energy Race 2019.

“Race Organisers” means Cannonball Events Limited.

“Terms and Conditions” means the participant terms and conditions, relating to the Race, as set out below.

“Website” means https://www.globalenergyrace.com/ or https://www.newyorkbakeryco.com/global-energy-race.

1. RACE REGISTRATION

1.1. These Terms and Conditions relate to your participation in the Global Energy Race which is a 3k, 5k or 10k race (“the Race”) staged and hosted by GBUK (and organised, on GBUK's behalf, by the Race Organisers). The Race is scheduled to be held in Rotherham on 22 September 2019 and will start and finish within Rother Valley Country Park.

1.2. The Fee shall be paid by the Participant to the Race Organisers using one of the payment methods set out on the Online Registration Form.

1.3. Only persons aged 16 years or above on race day 22 September 2019 may register for the 5k and 10k Race. The 3k Race is open to all ages, however any persons under the age of 16 on Race day must be accompanied by at least one adult.

1.4. Each Participant must register using the Online Registration Form, accessed using the individual Participant’s log-in details, as provided by the Race Organiser after that individual has secured a place in the Race. GBUK (and the Race Organisers acting on GBUK's behalf) reserve the right to close and/or refuse entry to the Race at any time, including where the numbers of entrants is at full capacity for the Race (as determined reasonably by GBUK and/or the Race Organisers).

1.5. Following the successful completion of the registration process by the Participant and clearance of the Fee and postage costs (where applicable), the Participant shall receive the Online Confirmation, the date of which shall be deemed the "Registration Date".

1.6. Participants shall receive an official numbered Race bib and Race t-shirt in their Race pack by post approximately 1-3 weeks prior to the Race.

1.7. The numbered Race bib is personal to the Participant accepting the Terms and Conditions and the Participant undertakes and agrees (i) to wear the official numbered Race bib assigned to his/her registration, and (ii) not to authorize or permit any third party to use their official numbered Race bib at the Race.

1.8. Participants will find their digital timing chip built into their numbered race bib.

2. STATUS OF REFUNDS

2.1. The Participant shall not be entitled to cancel their Race entry.

2.2. No refunds of Fees shall be provided to any Participant at any time, save in exceptional circumstances as determined by GBUK (and/or the Race Organisers acting on their behalf) in their absolute discretion.

3. THE RACE

3.1. The Race will be held on 22 September 2019, starting and finishing in Rother Valley Country Park.

3.2. GBUK (and/or the Race Organisers acting on their behalf)) reserve the right, without notice or liability to the Participant, to change the time, date and/or venue and format of the Race and to cancel the Race, in whole or in part, for any circumstance not reasonably foreseeable and beyond the reasonable control of GBUK (and/or the Race Organisers acting on their behalf), including any industrial action, flood, fire, earthquake, subsidence, epidemic, disease, environmental calamity, natural physical disaster, riot, military action, act of terrorism, threat of military action or terrorism, any change in applicable law, any action taken by any governmental, public or regulatory body, severe inclement weather conditions and/or any other circumstance that, in the reasonable opinion of GBUK and/or the Race Organisers, prevent the Race from taking place safely, punctually and/or in accordance with applicable law and any regulations.

3.3. GBUK (and/or the Race Organisers acting on their behalf) reserve the right to refuse entry to the Race (or to disqualify from the Race) any registered Participant not wearing their assigned official numbered Race bib.

3.4. The Race route has been officially measured by an accredited course measurer using the ‘Jones Counter’ system and is certified and insured as such.

3.5. The Participant agrees to abide by the rules, instructions and regulations published and displayed from time to time by GBUK (and/or the Race Organisers acting on their behalf) or given on the day of the Race, including by race marshals, officials and police.

3.6. The Race Organisers will provide at least one drink station on the race route as well as the finish.3.7. Running times at the Race can only be recorded by digital timing located on the back of the numbered race bib.

3.8. No drugs, illegal substances, performance enhancing substances or intoxicants of any kind are permitted to be brought to the Race venue or used by any Participant either before or during participation in the Race. GBUK (and/or the Race Organisers acting on their behalf) reserve the right to refuse attendance at, or participation in, the Race by any persons found to have consumed or to have in their possession any drugs, illegal substances, performance enhancing substances or intoxicants of any kind.

3.9. GBUK (and the Race Organisers) reserve the exclusive right and license throughout the world (and, the Participant hereby grants GBUK and the Race Organisers such exclusive right and license) to interview, photograph and/or film Participants at the Race (or subsequent to the Race as the Race Organisers may reasonably require) and to the unlimited use in all current and future media (including without limitation, print, audio, audio visual, virtual media, the Internet, mobile telephony, CD-ROM or DVDs) of the Participant’s name, likeness and image or facsimile image, signature, voice, video and film portrayals and other means of identification of Participant, and any biographical or other information or data related to Participant (including race times and results), in connection with the production, advertisement, marketing or promotion of the Race and any subsequent Race edition.

4. RACE PARTICIPATION – PARTICIPANT’S DECLARATION

4.1. The Participant agrees to be bound by these Terms and Conditions. If the Participant does not agree to these Terms and Conditions, they may not enter the Race. GBUK (and/or the Race Organisers acting on their behalf) reserves the right (acting reasonably at all times) to change the Terms and Conditions from time to time without notice prior to the Race. The Participant therefore agrees to be bound by any such modification to the Terms and Conditions.

4.2. The Participant acknowledges that participation in and training for the Race involves potentially dangerous physical activity and carries with it inherent risks and dangers which cannot be eliminated completely, which, without prejudice to the generality of this clause 4.2, may include accidents, personal injury (ranging from minor discomfort to catastrophic injuries and death) and loss or damage to property due to falls, obstacles, contact with other participants, the acts and/or omissions of other participants, the effects of weather, traffic conditions and the conditions of any road. By completing and submitting the Online Registration Form, the Participant confirms the matters set out in the Release and that, to the best of their knowledge, they are healthy and fit to run, they understand and have considered and evaluated the nature, scope and extent of the risks involved (including those risks listed above), and have voluntarily and freely chosen to assume all risks associated with participating in the Race (except where any such personal and bodily injury, including death, is caused by the negligence of GBUK (or the Race Organisers or any of their employees acting on their behalf)). The Participant further understands that the GBUK (and the Race Organisers acting on their behalf) reserve the right to refuse the Participant’s attendance at, and/or participation in, the Race.

4.3. Neither GBUK nor the Race Organisers provide any insurance, whether life or medical or liability, for any illness, accident, injury, death, loss or damage that may arise in connection with the attendance at, and/or participation in the Race by each Participant. The Participant is advised to obtain such insurance themselves if required.

4.4. Subject to clause 4.5, GBUK (and the Race Organisers acting on their behalf) shall take all reasonable steps to assess the safety and suitability of the Race location prior to the Race. GBUK (and the Race Organisers acting on their behalf) shall also arrange for the availability of an appropriate number of first aid and medical personnel according to the nature of the Race. The Participant hereby authorizes such medical personnel (both on-site or on-call) to administer first aid treatment or any medical treatment to the Participant or to transport the Participant in the event of any illness, accident or injury suffered by the Participant in connection with his/her participation in the Race, but shall not be liable for such treatment or transportation by such third party. The Participant shall be responsible for any medical or transport expenses specifically incurred in connection with any illness, accident or injury sustained or occurring in connection with participation in and/or attendance at the Race.

4.5. The Participant acknowledges and agrees that the Participant shall indemnify and hold harmless GBUK and the Race Organisers from and against all liabilities, claims, actions, proceedings, loss, damage, costs or expenses suffered or incurred by GBUK and/or the Race Organisers (including lawfully recoverable and reasonable legal and professional fees and those paid to the Participant’s insurers) arising in connection with any illegal, unlawful and/or negligent act or omission of the Participant, including any unlawful and/or negligent accident, loss, damage or injury (including death) caused by the Participant during their attendance at, participation in, or training for the Race.

4.6. Nothing in the Terms and Conditions shall affect any statutory rights to which the Participant may be entitled to as a consumer.

5. LIABILITY

5.1. Subject to clause 5.4, neither GBUK nor the Race Organisers shall be liable for any of the following:

5.1.1. technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer/Internet transmissions or other errors or malfunctions of any kind which may prevent receipt by the Race Organisers of an Online Registration Form;

5.1.2. any delay or failure to successfully register for the Race due to any delay involved with, or an inability to, obtain authorisation for payment of the Fee from the Participant’s bank;

5.1.3. damage to, or loss of, the official numbered race bib and the digital timing chip and shall not be responsible in any way for any failure of the technology of their numbered race bib and digital chip on the day of the Race; or

5.1.4. any losses the Participant suffers as a result of GBUK's (or the Race Organisers’) breach of these Terms and Conditions unless such losses were reasonably foreseeable to both the Participant and GBUK (and/or the Race Organisers, as applicable) as at the Registration Date. For the avoidance of doubt, neither GBUK nor the Race Organiser will be liable to the Participant in contract, tort (including, without limitation, negligence) or otherwise in connection with the Race for loss of revenues, profits, contracts, business or anticipated savings or loss of data); goodwill or reputation; any special or indirect or consequential losses; for any personal injury to or death of the Participant.

5.2. If at any time it is discovered that any Participant should have been ineligible to participate in the Race (or if participation in the Race should have been refused for any reason whatsoever) GBUK (and the Race Organisers acting on their behalf) reserve the right to disqualify from/refuse entry to such Participant to the Race. Further, GBUK (and the Race Organisers acting on their behalf) reserve the right to reject at any time any Online Registration Form which is believed to be fraudulent, or to disqualify any Participant believed to have not complied with the Terms and Conditions from attending, or participating in any future Race events. Neither GBUK nor the Race Organisers shall be liable in any way to the Participant as a result of any such disqualification or refusal.

5.3. Subject to clause 5.4, each of GBUK's and the Race Organisers' liability to the Participant shall in any event be limited to the refund of the Fee.

5.4. Nothing in the Terms and Conditions shall affect each of GBUK's and the Race Organiser’s liability:

5.4.1. for death or personal injury resulting from the negligence of GBUK or the Race Organisers or a deliberate act or omission of GBUK or the Race Organisers, its employees or agents;

5.4.2. for breach of statutory duty;

5.4.3. for fraudulent misrepresentation; or

5.4.4. to the extent that liability cannot be excluded or limited by law.

6. DATA PROTECTION

6.1. The Participant acknowledges that Personal Data (including medical information entered on their race number or collected by event medical staff during or after the event) may be collected, stored, processed and disclosed by GBUK and/or the Race Organisers in connection with the organisation and administration of the Race and for the compilation of anonymised statistical information.

6.2. By entering the Race and accepting these Terms and Conditions, you signify that you fully understand and hereby consent to:

6.2.1. the collection, retention, handling, processing and use of your Personal Data (including sensitive Personal Data, such as medical information) by GBUK and the Race Organisers;

6.2.2. GBUK and the Race Organiser sharing your Personal Data with the event medical provider, and Time My Race Limited for the timing chips;

6.2.3. GBUK and the Race Organiser sharing other sensitive data (such as medical data) with the Race medical provider, and in each case, solely for the purposes set out in these Terms and Conditions and strictly in accordance with the Data Protection Act 1998 and all other applicable data protection laws.

6.3. The Participant acknowledges that any medical information supplied during registration, where deemed necessary, may be used to treat or otherwise assist the Participant as a result of illness or injury at the Race. The Participant undertakes and agrees to inform the Race Organisers of any change in their medical condition from the Registration Date up to and until the start of the Race. Nothing in this clause 6.3 shall give GBUK or the Race Organisers the obligation to process, analyse, or otherwise take action on, any medical information provided by the Participant either during or after the registration process.

6.4. In the event that the Participant becomes ill during or after the Race and requires medical attention, the Participant hereby authorises the Race Organiser to provide the Participant’s details to any Race medical provider, or any doctor or hospital for the purpose of the Participant receiving any required treatment.

6.5. In accordance with a Participant’s rights under the Data Protection Act 1988 the Participant may obtain a copy of his or her Personal Data which is held by GBUK and/or the Race Organisers, or request the amendment of such data by contacting GBUK and/or the Race Organisers in writing at the address at the head of these Terms and Conditions. To the extent that such data is accessible to the Participant on the Website, the Participant agrees to keep it accurate and up to date.

6.6. The Participant agrees that either or both of GBUK and the Race Organisers may contact the Participant regarding the Race by post, email, telephone or sms, using relevant contact details supplied by the Participant during the registration process.

7. GENERAL PROVISIONS

7.1. If any provision in the Terms and Conditions, whether in full or in part, is held to be invalid or unenforceable, all other remaining provisions (in full or in part) shall continue to be valid and enforceable.

7.2. These Terms and Conditions shall be subject to the law of England and Wales and the Parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

7.3. A person who is not a party to the Terms and Conditions has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Terms and Conditions.

7.4. The Participant may not assign transfer or deal in any other manner with these Terms and Conditions or any of its rights under it without the prior written consent of GBUK (or the Race Organisers acting on their behalf).

7.5. These Terms and Conditions and the documents referred to herein constitute the entire agreement and understanding between the Parties and supersedes any previous agreement between the Parties relating to the subject matter herein. No other term or condition submitted, proposed or stipulated will apply to these Terms and Conditions. The Participant acknowledges that it has not, in entering into these Terms and Conditions, relied on any statement, representation or assurance that is not expressly set out in these Terms and Conditions or any document referred to herein.