These conditions set out the Challenge Northumberland terms and conditions (referred to as the event terms and conditions) and shall apply to all quotations, offers, orders and contracts for the provision by us of an event. All other terms and conditions of the customer are hereby excluded.
In these terms and conditions, and the contract which incorporates them, the following words have the following meanings:
We agree to supply to you and you agree to purchase the service specified in the contract documents.
The Lead Party agrees that by completing the Online Registration Form and submitting an order that:
By completing the Online Registration Form, the lead party warrants that they have the authority to accept and be bound by the Terms and Conditions on their own behalf and on behalf of the group. The lead party shall indemnify and keep us indemnified against all and any liability, losses, claims which we may suffer or incur as a result of a breach of this warranty.
Except to the alternative payment terms are stated in the Contract Documents, the following terms shall apply:
Except to the alternative cancellation rights are started in the Contract Documents, the following terms shall apply:-
We reserve the right to terminate the Contract with you without liability, in the following circumstances:-
We shall have no liability to you for any failure, other than that specified in the clause below, to carry out the service you have ordered or for any delay in so doing due to any circumstances which is beyond our reasonable control, including without limitation, severe adverse weather conditions, floods, fires explosions, strikes, lockouts and other industrial disputes, breakdown of systems or network access.
In the Event that we cancel the Contract due to events beyond our reasonable control, you shall have the following:-
We shall have no further liability to you.
Once you have notified us that you wish to have a refund, the sum debited to us from your credit/debit card, less the £20 Administration fee will be refunded to you as soon as possible and in any event within sixty (60) days of you notifying us that you require a refund
We shall deliver the service with reasonable care and skill and use our reasonable endeavours to deliver the services in accordance with the specification set out on our website
We shall provide a Safety Brief on the day of the event prior to its start, and shall provide an overview of the course and advice on how to complete the course safely. Our events are staffed with appropriately experienced and skilled marshals who are positioned around the course to oversee your safety whilst participating in the event.
You are responsible for the accuracy of the information that you provide on the Online Registration Form and it is your responsibility to contact us either by email or telephone to provide us with necessary amendments
It is your responsibility to ensure that you arrive at the event in time to register and attend the Safety Brief prior to the start of the event. We shall have no liability to you should you fail to arrive in time, and shall not be obliged to offer any refund in such circumstances
It is your responsibility to ensure that you are compliant with any age/height/ weight restrictions that may apply to an event. If you do not meet these requirements you will not be entitled to participate in the event.
It is your responsibility to inform us of any medical condition or illness which may affect your ability to participate In the event. In case of serious medical condition we may in our sole discretion require a letter or medical certificate from your health professional confirming that in their reasonable opinion you are able to take part in the event. You agree that any failure to inform us of any medical condition or illness will entitle us to refuse to let you participate in the event and terminate the contract without liability.
You shall comply with all reasonable instructions of our staff and marshals concerning the event and your participation in it, and you agree and acknowledge that failure to attend the Safety Briefing and not wear your race number shall entitle us to prevent you from participating in the event, and we shall have no obligation to offer you any refund in such circumstances.
It shall be your responsibility to ensure that you wear sensible clothing having regard to the event and the weather conditions which may occur from time to time, and we shall have the right to prevent you from participating in the event due to popular clothing.
In the Contract, references to our “liability” shall be to: our liability to you under or for breach of the Contract; our liability to you for or in respect of tort negligence, breach of statutory duty, liability imposed by statue, strict liability, accidental or negligent misrepresentation; and any other liability we may have to you whatsoever arising under, in conjunction with or in the course of the contract.
We do not limit or exclude our liability to you for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation.
Subject to the Condition headed “Liability Not Limited”, we shall have no liability to you for: loss of revenue, bargain, profit, anticipated savings, contract, business, expectation, use, production, or goodwill; any special indirect or consequential losses; your liability to any third party.
By participating in the event you acknowledge that there are risks to your safety and that you participate at your own risk. You must accept the terms of the General Form Disclaimer on our website before you can submit your order and on arrival you must sign the hard copy of the General Form of Disclaimer.
You agree and give consent to taking of photographs of Event Participants and consent to the reproduction exhibition, review and exploitation, publication and transmission of any photographs
Entire agreement: These conditions and other Contract Documents constitute the entire agreement between you and us.
Assignment: You must not assign or transfer the Contact without our prior written consent, which will not be unreasonably withheld.
Sub – contracting: We may sub – contract our obligations under the Contract.
Third Parties: The contract shall not confer any benefit on any third party or be enforceable by any third party.
Invalid Terms: Each of the terms of the contact is separate and severable. If any term is held to be void or invalid by any court, it shall be severed, and the remaining terms shall continue in full force.
Law: The Contract shall be governed by the Laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales.