Terms & Conditions
Please retain these terms and conditions for future reference.
Definitions: “Conditions” means these terms and conditions of entry for the Event.
“Entry Form” means the website pages which must be completed in order to participate in the Event.
“Event” means the event named on the Entry Form.
“Event Organiser” means Kelsey Publishing Ltd, a company registered in England.
“Fee” means the price of entry into the Event as set out in the Entry Form.
“Participant” means the person named on the Entry Form who will be participating in the Event.
ACCEPTANCE OF CONDITIONS:
These Conditions shall apply in place of and prevail over any terms or conditions (whether or not in conflict or inconsistent with these Conditions) contained or referred to in any documentation submitted by the Participant or in correspondence or elsewhere or implied by trade custom, practice or course of dealing. A variation of these Conditions is only valid if the Event Organiser (Kelsey Publishing Ltd) gives notice to the Participant in writing in any official Event material or correspondence prior to the Event (including via email), The Participant shall be deemed to have accepted these Conditions upon completion of the Entry Form.
FOR REFUND INFORMATION PLEASE SEE SECTION 3.
1.1 The Participant acknowledges that participation in the Event is physically strenuous and is aware of the nature of the Event and associated medical and physical risks involved.
1.2 The Participant agrees that he/she is physically capable of competing in the Event and agrees to be solely responsible for his/her actions and the Event Organiser, its officers, employees, agents, affiliates, associated companies, sponsors or medical advisers are not responsible for any injury or illness that the Participant may suffer as a result of his/her participation in the Event. The Participant accepts that should any medical or physical condition arise prior to the Event which is likely to affect his/her ability to participate, the Participant will withdraw in accordance with these Conditions.
1.3 The Participant agrees to abide by all applicable event rules and regulation. The Participant shall not be entitled to a refund of the Fees if he or she is disqualified from the Event as a result of an infringement of these Conditions or any such rules and regulations. The Event Organiser is also entitled to impose Event rules upon the Participant from time to time which will form part of these Conditions. The relevant rules and regulations may be obtained from the event website www.bennevisbraveheart.co.uk under event specific rules.
1.4 The Participant must present for registration process at the times and on the day as instructed in the Event Information which will be issued by the Event Organiser before the Event.
1.5 It is the Participant’s responsibility to provide and use necessary equipment which complies with rules and event regulations. 1.6 The Event Organiser may introduce cut off times as they see fit as part of the Event rules, being limits on the time taken to complete sections of the Event (as initiated by the Event Organiser at its discretion) to ensure the safe and proper running of the Event. Subsequently, participants may be instructed to withdraw from the event in accordance with imposed cut off times.
1.7 The Event Organiser reserves the right at any time to remove Participants from the Event or prevent Participants participating in the Event if in the Event Organiser’s sole discretion, it considers such action necessary for safety reasons or the proper enjoyment of the Event by other Participants or for any other reasonable reason. No refund of the Fee shall be made if the Participant has acted negligently, maliciously, with wilful misconduct or otherwise without due care and attention for the Event or other participants, so as to cause his/her removal.
1.8 While the Event Organiser takes every care with the staging of the Event, the Participant acknowledges that personal accident and personal items insurance is his or her sole responsibility.
1.9 The minimum age of entry for events is 18 years old at the 31st December of the Event year.
1.10 All decisions and rulings by the Event Organiser, its employees and its agents are considered final. Accordingly, the Participant will comply with all Event rules and all instructions and guidelines given by stewards, marshals, and safety personnel. The Participant acknowledges and agrees that the Event Organiser will organise and run the Event and will have sole authority and be the final arbiter on all decisions relating to the safety, running and organisation of the Event, the rules of the Event, the timings/finish times and the placing.
1.11 These Conditions are personal to the Participant and it may not assign any of its rights or obligations under this Agreement without the prior written consent of the Event Organiser. The Participant represents and warrants that the Entry is purchased for personal use only, that it cannot be donated free of charge or otherwise given away for free, and that it is not purchased as part of any form of business or commercial activity (save as expressly authorised by the Event Organiser), and in particular, that the Entry may not be resold or offered for resale by anyone whether at a premium or otherwise and may not be used for advertising, promotion use as a prize (including in competitions and sweepstakes), travel packages, or for any other trade purposes. Donation, give away, resale or attempted resale is grounds for seizure or cancellation without refund or other compensation.
1.12 The Participant acknowledges and accepts that circumstances concerning an Event may change from time to time for reasons out of the Event Organiser’s reasonable control or otherwise, without the Event Organiser incurring any liability and without any rights to withdrawal being accrued by the Participant other than set out in clause 4 below. By way of example, and for illustration purposes only, car parking arrangements and issues with hotels, may arise/change but such changes/issues will not allow the Participant to withdraw and nor will the Event Organiser be deemed liable except as otherwise set out herein.
1.13 The Participant declares that he commits to participating in the Event with full knowledge and understanding of the risks associated with the participation in the Event.
1.14 The acquisition of essential equipment, including specific safety equipment, in order to take part in the Event is the responsibility of the Participant and the Organiser strongly advises that these acquisitions are secured before entering the Event.
1.15 The Organiser accepts no responsibility for the loss of, theft, or damage to any property owned by or under the control of the Participant deposited by the Participant in the Event’s area and/or at any point of the Event course. 1.16 Event specific rules are under review, please check nearer the time of the event.
2. BOOKINGS AND PAYMENTS
2.1 In consideration for being granted the right to participate, the Participant must pay the Fee by no later than the closing date set out on the Entry Form.
2.2 The Participant shall complete the Entry Form online and submit it together with payment of the Fee online in accordance with the Event Organisers’ website.
2.3 The Participant shall not be eligible or entitled to participate in the Event until full payment of the Fee has been received by the Event Organiser. No payment shall be deemed to have been received until the Event Organiser has received cleared funds.
2.4 If compulsory GPS tracking is introduced by the organiser, participants must be responsible for the safe return of the tracter. Any lost tracker cost incurred will be payable by the participant (£150 per tracter).
3. WITHDRAWAL, CANCELLATIONS OR ALTERATIONS
3.1 The Event Organiser operates a 7 day cooling off period. Accordingly, the Participant is entitled to cancel his/her application to participate provided the Event Organiser receives written notice of cancellation within 7 days of payment of the Fee (payment being deemed made for the purposes of this clause 3.1 by clicking on the make payment link on the webpage). During this 7 day period the Participant is able to cancel its entry and receive a full refund of the Fee by writing to the Event Organiser, Kelsey Publishing Ltd., Cudham Tithe Barn, Berrys Hill, Cudham, Kent, TN16 3AG. The notice must be received before the end of the 7 day cooling off period.
3.2.1 If the event is cancelled due to circumstances out of the organisers control then no refunds will be offered. This includes situations such as adverse weather conditions or major incidents.
3.2.2 If the event is cancelled due to circumstances within the organisers control then entrants will be offered a 50% refund. Entrants must apply in writing (via post) to claim their refund. No refunds will be granted after one month has passed from the event date.
3.2.3 Entrants wishing to withdraw must inform the organiser by email. Entry fees will be refunded as follows; more than two months before 50% refund, less than two months before month – no refund.
3.2.4 Entries are not transferable.
3.3 In the event the Event Organiser withdraws the offer of a place to the Participant in the Event for any reason at any time it will provide the Participant with a full refund of the Fee, with no further liability whatsoever arising from such withdrawal.
4. EVENT ORGANISER RESPONSIBILITIES/LIABILITY
4.1 Notwithstanding anything in these Conditions the Event Organiser shall not be liable to the Participant for any liability in contract, tort (including negligence) or otherwise for any loss of business, revenue or profits, anticipated savings or wasted expenditure, loss or damage of or to personal equipment belonging to the Participant or any indirect or consequential loss or damage whatsoever (notwithstanding that such loss was within the contemplation of the parties at the date of submitting the Entry Form) arising out of the Participant taking part in the Event or any other matter arising under these Conditions nor for an aggregate amount greater than the Fee paid by the Participant. Without limiting the foregoing, the Event Organiser will not be liable for any actions of any spectators or other third parties unless otherwise set out herein.
4.2 Accordingly the Participant hereby expressly and irrevocably renounces, for him/herself, heirs and successors in title the right to any recourse or claims whatsoever against the Event Organiser, its officers, employees, suppliers and/or sponsors and/or persons for whom it is answerable (“Associated Parties”) as a result of any kind of physical, mental or other loss or damage of whatsoever nature (including any loss of earnings, profits, or pain and suffering) suffered by the Participant, directly or indirectly, or by his/her family or by any dependents and caused by an event in any way relating to the Participant’s participation in Event, and the Participant hereby undertakes, for him/herself, heirs and successors in title to indemnify and hold harmless the Event Organiser, and the Associated Parties for any costs and/or amount which they or any of them may be required to pay as a result of any recourse or claim aforesaid by whomsoever made. The Participant also agrees to indemnify the Event Organiser and the Associated Parties for any claim, actions, liabilities or losses resulting from any breach of the Participant’s declarations above and/or the Participant’s negligent acts or omissions and/or wilful misconduct.
4.3 Nothing in these Conditions shall exclude or limit the liability of the Event Organiser:
4.3.1 for death or personal injury caused by the Event Organiser’s negligence;
4.3.2 for fraud or fraudulent misrepresentation;
4.3.3 for any matter which it would be illegal for the Event Organiser to exclude or attempt to exclude liability.
4.4 This clause 4 shall be read and construed and shall have effect subject to any limitation imposed by any applicable law.
5. PUBLICITY AND 2019 RESULTS
5.1 The Participant irrevocably consents to:
5.1.1 his/her appearance in the Event being filmed, recorded, incorporated and exploited in whole or in part in any television programme, film, video or broadcast of whatever nature by all means and in all media and formats now or invented after the date of these Conditions; and
5.1.2 the use and reproduction of the Participant’s name, likeness, appearance and photographs, films and recordings by all means and in all media for the purpose of advertising, publicity and otherwise in relation to the exploitation of the Event (and future events) and/or the promotion of the Event (and future events) and the commercial rights relating to the Event (and future events) provided that such use does not imply direct endorsement by the Participant of any official sponsor or supplier of the Event.
5.2 Any film, photographs (by camera or mobile phone), or any other recording of moving or still picture, and all intellectual property in connection therewith (including but not limited to copyright) shall remain the property of the Event Organiser, and where such intellectual property does not automatically vest in the Event Organiser, these Conditions shall constitute a legally binding assignment thereof and/or the Participant shall sign all reasonable documentation required to give affect thereto. Accordingly any such recording shall not be used other than for private use without the Event Organiser’s prior written consent.
5.3 The Event Organiser will use best endeavours to provide an Event finish time for the Participant however it cannot be held responsible for any computer result anomalies or any technical malfunctions.
6.1 These Conditions (and the documents referred to in them) constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to the Event. The Participant acknowledges and agrees that in submitting the Entry Form (and the documents referred to in it) it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty, understanding, promise or assurance (whether negligently or innocently made) of any person (whether party to these Conditions or not) other than as expressly set out in these Conditions.
6.2 Nothing in these Conditions shall constitute or be deemed to constitute a partnership between the parties hereto or constitute or be deemed to constitute either party as agent of the other for any purpose whatsoever and neither party shall have authority or power to bind the other or to contract in the name of the other in any way or for any purpose.
6.3 No waiver by either party of a breach or a default hereunder shall be effective unless in writing and signed by both parties and any such waiver shall not be deemed to be a waiver of any subsequent breach or default of the same or similar nature.
6.4 To the extent permitted by law all provisions of these Conditions shall be severable and no provision shall be affected by the invalidity or unenforceability of any other provision with the remaining provisions if necessary, being so amended as shall be necessary to give effect to the spirit of these Conditions so far as possible.
6.5 These Conditions shall be interpreted in accordance with the laws of England and any dispute arising hereunder shall be subject to the exclusive jurisdiction of the Courts.