In these terms “we”, “us” and “Birmingham 2022” means the Birmingham Organising Committee for the 2022 Commonwealth Games Ltd, a company established under the Companies Acts (registered number 11120160) as the Organising Committee of the XXII Commonwealth Games to be staged and principally hosted in Birmingham in 2022 (the “Games”) and having its registered office at One Brindley Place, Brindley Place, Birmingham, England, B1 2JB. “I”, “you” and “your” refers to the parent or guardian of the child participating in the Queen’s Baton Relay (“QBR”) forming part of the QBR to be held at various locations throughout England.
These terms and conditions are a legal agreement which govern the child’s involvement in the nomination process and participation in the QBR if they are selected to carry the QBR baton (“Batonbearer”). Please read these carefully as they create binding obligations on both you and the child. If you do not understand any part of these terms and conditions, please contact us prior to agreeing at https://helpcentre.birmingham2022.com/.
Any personal information supplied in connection with the QBR will be used, shared and retained as set out in the Privacy Notice at https://www.birmingham2022.com/queens-baton-relay/privacy-notice/nominations.
Part A: Parental/Guardian Declaration
1. In return for Birmingham 2022 allowing the child (as defined below), at my request, the opportunity to participate as a Batonbearer in the QBR, I declare and confirm to Birmingham 2022 as follows:
(a) I am the parent or legal guardian of the minor named above (“the child”) to whom the terms and conditions (“Terms and Conditions”) attached at Part B and Part C below, apply;
(b) at the date of this declaration, the child is between 12 and 18 years of age;
(c) I have full parental rights and authority in relation to the child, I have read the terms and conditions, and I have been afforded the opportunity to ask questions regarding the terms and conditions and their meaning prior to signing this declaration and all of my questions have been answered to my satisfaction; and
(d) I accept the Terms and Conditions on behalf of the child.
2. In order to allow the child the opportunity to participate as a Batonbearer in the QBR as specified in the terms and conditions (including my explicit consent shown in bold at 2(c) below), I hereby:
(a) consent to, and approve: (i) the child participating as a Batonbearer in the QBR; and (ii) all provisions of the terms and conditions;
(b) undertake to ensure that the child shall honour his/her obligations under the terms and conditions; and
(c) explicitly agree that Birmingham 2022 may contact me and/or the child directly by email or telephone for the purpose of organising the QBR.
Please note – your consent shall be valid and binding, even if the Terms and Conditions do not bind the child.
Part B: Nomination and Selection Process
I hereby acknowledge, confirm and agree that the child’s involvement in the QBR nomination and selection process shall be subject to the following terms, conditions and statements (including my explicit consent shown in bold at 1.4.3 below):
1. The child is a United Kingdom (UK) citizen or has permission to reside in the UK and lives and/or works in England.
2. The child is 12 years of age or older as at the date on which the child was nominated for consideration as a Batonbearer for the QBR.
3. I acknowledge that the information about the child, provided by me or the person or organisation (as applicable) who nominated the child as a Batonbearer must be accurate and correct. I acknowledge that incorrect contact details provided to Birmingham 2022, such as email addresses, telephone numbers etc, will not be followed up and Birmingham 2022 will have the right to reject a nomination containing inaccurate or misleading information or to withdraw your selection as a Batonbearer.
4. I acknowledge that Birmingham 2022 will be:
(a) storing and processing the information about you and/or the child supplied to Birmingham 2022 as part of the nomination and selection process under the terms of the Data Protection Act 2011;
(b) using this information to check the accuracy of information provided to Birmingham 2022 and/or to investigate any issues in respect of the child’s involvement with the QBR; and
(c) using the information and providing the information to selected third parties (including organisations working with us such as the West Midlands Police or other UK police force (together “the Police”), the Commonwealth Games Federation, CGF Partnerships Ltd, the Department of Digital, Culture, Media and Sport, Commonwealth Games Associations, Birmingham City Council and other Local Authorities) and those organisations who will be required to review the information as part of the judging process to select the successful nominations (where applicable); and I explicitly consent for such selected third parties to contact the child, for the purposes of organising the QBR and/or the Games.
5. The child’s personal information that you, or the person that nominated the child, provide to Birmingham 2022 during the nomination process shall be removed from the Birmingham 2022 database if the child is unsuccessful. Where the child’s nomination is successful and the child is chosen as a Batonbearer, the child’s and your personal data will be deleted from Birmingham 2022’s database when it is no longer required for the purposes contemplated by these terms and conditions or for the organisation of the QBR. I acknowledge that I may request the child to be removed from the nomination and selection process, and the child’s data deleted from Birmingham 2022’s database, at any stage. I further acknowledge that I will continue to receive other communications from Birmingham 2022 if the child has or I have specifically requested such other communications.
6. I acknowledge that the child’s participation in the QBR shall not be progressed under any circumstances without Birmingham 2022 having first received the signed declaration containing my agreement to these terms and conditions in accordance with Part A above.
Part C: Participation as a Batonbearer
In addition to the provisions of Part A, I hereby acknowledge, confirm and agree that where the child is successful in the child’s nomination as a Batonbearer, the child shall be subject to the following additional terms, conditions and statements:
7. I agree to the child participating as a Batonbearer in the QBR and for the child to complete the segment of the QBR assigned to them by Birmingham 2022. The child shall comply with these terms and conditions and all of Birmingham 2022’s rules, directions and guidelines for Batonbearers as may be provided to me from time to time, including any direction, rule or guidance given to the child by Birmingham 2022 with respect to the handling of the Queen’s Baton, including those from a safety or an operational perspective, any COVID-19 event safety information or any other QBR event safety instructions given by Birmingham 2022 or the Police. I understand that failure to do so may result in the child’s place as a Batonbearer being withdrawn and precluded from any further participation in the QBR.
8. I acknowledge that prior to the child’s participation in the QBR, the child will receive post at the address provided to Birmingham 2022 and that post will not be sent to multiple addresses. I acknowledge that this address must be a registered postal address in the UK.
9. I or such other parent or guardian of the child as has been notified to Birmingham 2022 in writing at least fourteen (14) days prior to the child undertaking their segment of the QBR, shall arrive with the child at the Batonbearer collection point on the date and at the time notified to me or the child by Birmingham 2022. The child shall be ready to complete the segment of the QBR assigned to the child, otherwise the child’s place as a Batonbearer may be withdrawn. I further agree to collect the child from the notified Batonbearer collection point after they have completed their segment of the QBR.
10. I acknowledge that Birmingham 2022 or its appointed third parties (including, without limitation, the Home Office and/or the Police will be carrying out background security checks and/or any other security checks that Birmingham 2022 require and will submit information to Birmingham 2022 and/or the Police when requested for this purpose. Birmingham 2022 reserves the right to disqualify any individual who fails to cooperate with such checks or that Birmingham 2022 considers that it would be inappropriate to permit to participate in the QBR following the outcome of such background security checks.
11. I shall provide any proof of identity for the child specified by Birmingham 2022 either prior to or on the day of the child‘s allocated segment in the QBR. I shall cooperate by providing any information or documentation reasonably requested by Birmingham 2022 and also acknowledge that Birmingham 2022 or the Police will be carrying out any additional security checks on the day of the child’s allocated segment in the QBR, which may include inspecting the child’s personal property.
12. I agree that it is my responsibility, or that of the organisation which selected the child (where applicable), to arrange and pay for my own transport and the child’s transport to and from the QBR and to pay for any other costs associated with the child’s participation in the QBR (unless these terms and conditions specify otherwise).
13. Throughout the child’s participation in the QBR, the child shall wear the official uniform for Batonbearers to be provided by Birmingham 2022 in advance of participation (at Birmingham 2022’s cost) and the child shall not wear any other outer clothing (other than their own footwear) (unless for religious reasons or as previously approved in writing by Birmingham 2022) or to carry any item other than the Queen’s Baton provided by Birmingham 2022.
14. The child shall not display any visible signage or logos or to promote any commercial product or service or to use the child’s participation to further any cause, including without limitation, any political cause, in any way during or in connection with the child’s participation in the QBR. The child shall not knowingly participate in, facilitate or encourage ambush marketing of the Games or act in any way which could embarrass or otherwise adversely affect the reputation of, or harm Birmingham 2022, the Games, CGF Partnerships Ltd or the CGF brands, trademarks or other proprietary rights or those of the sponsors of the Games. For the purposes of these terms and conditions, ambush marketing means any activity, commercial or non-commercial, undertaken by a person, which may reasonably imply that person is associated or affiliated with the Games in a manner that the person is not so associated or affiliated and includes the display or distribution of advertising materials or products with the intention of gaining exposure for any brand, unless such activity has been authorised by Birmingham 2022.
15. I acknowledge that unless otherwise agreed by Birmingham 2022, the child shall be required to carry the Queen’s Baton the full distance of the segment assigned to the child by Birmingham 2022. A segment shall be approximately 200 metres.
16. I acknowledge that, except in respect to officers of the Police who may accompany each Batonbearer, or where otherwise agreed with Birmingham 2022, no other person (including myself, any other parent, guardians or friends of the child, but excluding a guide for the visually impaired or, in the case of a Batonbearer with a medical or accessibility requirement, an essential companion) or pets, except assistance dogs, shall be permitted to participate alongside the child in the QBR unless previously approved in writing by Birmingham 2022.
17. I acknowledge that the child’s selection as a Batonbearer in the QBR is personal to the child and the child shall not allow or ask anyone else to carry the Queen’s Baton in the child’s segment of the QBR. If the child cannot, or does not wish to, participate in the QBR, I agree (i) to notify Birmingham 2022 in writing as soon as possible, (ii) that the child’s place will be given to a different individual, and (iii) to return to Birmingham 2022 the uniform provided to the child. I acknowledge that the child is not entitled to transfer, swap or sell the child’s segment to anyone and that neither I or the child will be able to change the date, time or place of the child allocated segment. I acknowledge that the child shall only be entitled to carry the Queen’s Baton in one segment along the QBR route unless Birmingham 2022 requests otherwise.
18. I acknowledge that I am responsible for all property either I or the child brings onto the QBR and that Birmingham 2022 accepts no responsibility for any loss or damage to such property.
19. I acknowledge that:
(a) the child will be filmed, broadcast, photographed and/or otherwise recorded in connection with the QBR and I shall make the child available for media and publicity interviews and photographs if reasonably required by Birmingham 2022, for the purposes of publicising and promoting the QBR or the Games;
(b) Birmingham 2022 will be sharing the child’s story to inspire people around the world and to using the child’s name and hometown for the purpose of publicising and promoting the QBR or the Games in print and electronic media, including, without limitation, on the Birmingham 2022 website and social media outlets;
(c) Birmingham 2022 will be issuing publicity concerning the child’s participation in the QBR in any medium or format and that Birmingham 2022 may use and reproduce the child’s name, image, likeness, voice or biography for such purpose; and
(d) Birmingham 2022, the Commonwealth Games Federation and selected third parties, including the commercial partners of the QBR, Birmingham 2022, CGF Partnerships Ltd and future Commonwealth Games, will be using and exploiting such films, photographic material and recordings and the child’s image and likeness in any media or by any means now known or subsequently coming into being without further recourse to me or the child for the purposes of promoting and publicising the QBR, Birmingham 2022, future Commonwealth Games and the Commonwealth Games movement more generally.
20.I will notify Birmingham 2022 of any specific support needs or requirements the child has in relation to any physical, medical or other condition(s) or impairment(s) which I am aware of and which Birmingham 2022 should be informed of, for the purposes of organising the QBR and I acknowledge that Birmingham 2022 will be keeping a record of such information for the purposes of organising the QBR. In the event I later become aware of any other such condition, support needs or any changes to the child’s condition/impairment, I shall notify Birmingham 2022 of these as soon as possible and before the date the child is due to participate in the QBR. I confirm that to the best of my knowledge and belief, I am not aware of any condition/impairment which may prevent the child from taking part in the QBR and the child is sufficiently physically fit to participate in the QBR without risk to the child’s health. I acknowledge that it is my responsibility to seek my own medical advice in relation to the child’s participation in the QBR and I shall be wholly responsible for acting on all medical advice and for taking all such precautions as may be necessary in relation to any condition or risk to health from which the child may be suffering at the time of the child’s participation. Birmingham 2022 recognises some participants may have accessibility requirements and will work with such participants to make arrangements that allow their participation in the QBR. You, the other parent or guardians and the child are encouraged to talk to us about the child’s needs and how we can help.
21. In the event the child is injured or ill whilst participating in the QBR, I agree to the administration of first aid and/or medical treatment by or on behalf of Birmingham 2022, any of its employees, volunteers or agents or any organisation Birmingham 2022 arranges to provide such treatment, unless I have notified Birmingham 2022 in advance in writing for any reason I do not wish the child to accept medical treatment on behalf of the child. I agree that I shall be responsible for arranging and paying for any personal medical insurance required and for the payment or reimbursement of any medical costs incurred in respect of any first aid or other medical treatment (to the extent the child is not otherwise entitled to such treatment under the National Health Services of the UK or otherwise) arising out of the child’s participation in the QBR.
22. I agree that whilst Birmingham 2022 shall take all reasonable steps to ensure the child’s safe participation in the QBR, the child assumes all of the risks associated with the child’s involvement, including carrying the Queen’s Baton in a public space. In consideration of Birmingham 2022 permitting the child to participate in the QBR I hereby acknowledge that Birmingham 2022, the Commonwealth Games Federation, CGF Partnerships Ltd, Birmingham 2022 sponsors and all of their employees, volunteers and agents shall not be liable for any loss, damage, or injury suffered in relation to the child’s participation howsoever caused (except in respect of personal injury or death caused by the negligence of Birmingham 2022, its employees, volunteers or agents) and I hereby waive any and all claims or actions in respect thereto.
23. I acknowledge that in the event of unforeseen circumstances Birmingham 2022 may notify me and/or the child that the child’s Batonbearer place has been withdrawn and that the child may no longer participate in the QBR. Further, I agree that Birmingham 2022 may withdraw the child’s Batonbearer place at any time without notice if I or the child do not comply with, or Birmingham 2022 believes that I or the child will not comply with, these terms and conditions or any other rules or directions for Batonbearers or if I or the child otherwise do or omit to do anything which, in Birmingham 2022’s opinion, adversely affects Birmingham 2022’s interests or those of the Birmingham 2022 Commonwealth Games or the Commonwealth Games movement.
24. I hereby indemnify Birmingham 2022 against all costs, claims, liabilities and/or expenses incurred as a result of my or the child’s breach of any part of these terms and conditions.
25. I agree and shall ensure that any still photographs or still images taken by the child, me, my family and/or friends during the QBR shall be for personal, private, non-commercial and non-promotional purposes only, unless prior written consent is obtained from Birmingham 2022.
26. I acknowledge that all broadcast rights associated with the QBR and the Games are reserved for official broadcasters. Therefore, I agree and shall ensure that neither I, the child, my family and/or friends will record, or transmit in any form, moving images of any part of any of the QBR and/or the Games.
27. Information supplied by Birmingham 2022 or anybody working with or on behalf of Birmingham 2022 (except for information which is in the public domain before it is supplied) shall be treated as confidential and such information shall not be used or disclosed to any third party (except to the extent required by law or by a court of competent jurisdiction or other competent authority), and neither you nor the child shall make any press or other public announcement, interview or statement of any kind relating to the child’s participation in the QBR, nor record or broadcast any part of the QBR, without Birmingham 2022’s prior written consent or direction.