DONATION TO MIND WITH EVERY ENTRY
TRAIL ESCAPE LIMITED – TERMS AND CONDITIONS OF ENTRY
READ THIS DOCUMENT CAREFULLY BEFORE BOOKING TO ATTEND/PARTICIPATE IN AN EVENT. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND WILL LIMIT YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS
In these conditions the following definitions shall apply:
Booking Fee means the fee added to the Entry Fee on booking (where applicable). This covers the administrative fee to process the entry and any associated credit card charges, and is strictly non-refundable.
Charity Participant means a participant who registers to attend or participate in an Event for the purposes of raising money for a charity, where that place has been provided by, or facilitated by, a charitable organisation;
Conditions shall have the meaning given in clause 2;
Entry Form means the website pages which a participant must complete in order to attend/participate in the Event;
Super Early Bird Entry means event tickets bought that are explicitly named Super Early Bird Entry at the point of sale and/or within the confirmation email
Event Fee means, where the Event is not free to attend/participate, the amount paid or payable to us in consideration for your participation in the Event;
Event means the event(s) (including any Virtual Event(s)) organised by us that you register to attend/participate in (or that a third party/charity registers you for on your behalf) and, for the avoidance of doubt, where you have registered for/been registered for a package which includes multiple elements, each such element shall be an Event for the purposes of these Conditions;
Event Date means the announced date of the Event(s);
Event Page means the specific web page for the Event on list reg platform and events websites - www.trailescape.co.uk; www.trailescape.co.uk/book
Guide Participant means the guide for any Event participant where required under clause 14 ('Assisted Participants') of these conditions;
Minimum Age means the minimum age of entry for each Event on the Event Date, which unless specifically prescribed otherwise by Trail Escape Limited, is 18 years old on the day in which the Event takes place.
Minor means anyone between the Minimum Age and 18.
Rules means all of the health and safety and course and access rules and regulations provided to me, means the specific web page for the Event on list reg platform and events websites - www.trailescape.co.uk; www.trailescape.co.uk/enter
Venue means the property on which the Event, or any element of the Event, is held
Virtual Event means the virtual event(s) organised by us that you register to participate in (or that a third party/charity registers you for on your behalf) and, for the avoidance of doubt, where you have registered for/been registered for a package which includes multiple elements, each such element shall be a Virtual Event for the purposes of these Conditions;
Event Organiser/we/us/our means Trail Escape Limited, a company registered in England & Wales with company registration number 15366451 and any of its successors, assigns or subsidiaries including, without limitation, Trail Escape Limited a company registered in England & Wales with company registration number 15366451 and
you/your/yourself means the person named on the Entry Form who will be attending/participating in the Event.
1. Trail Escape Limited / Event Organiser, a company registered in England & Wales with company registration number 15366451 whose registered office is 30-34 North Street, Hailsham, UK, BN27 1DW.
2. Registration in the EventBy registering for a place in the Event you acknowledge your understanding and acceptance of these conditions, any further terms and conditions provided to you by us in respect of the Event from time to time, the Rules, and any instructions given to you by the organisers and officials at the Event (together, the “Conditions”).
If you are a Minor or the parent/guardian of a Minor Part A of the Schedule to these conditions shall apply to your booking to attend an Event. You may only participate in an Event if the requirements set out in Part A of the Schedule to these conditions are complied with.
If you are signing up for a group, a friend or a third party Part B of the Schedule to these conditions shall apply to your Event booking. Please read the terms in Part B of the Schedule to these conditions carefully before you book your attendance at the Event. You cannot buy entry on behalf of any individual that is under 18
If you are a Charity Participant, Part C of the Schedule to these conditions shall apply to your Event booking.
4. Payment and Registration Details You shall not be entitled to participate in the Event unless you are the Minimum Age on the Event Date.
In consideration for being granted the right to attend/participate in the Event, you must, where the Event is not free to attend/participate, pay (or, where someone is registering for the Event on your behalf, the individual/charity booking on your behalf must pay) the Event Fee and Booking Fee (where relevant) on the date of completing the Entry Form (unless entering via a Ballot; see Part D of Schedule).
You will not be eligible or entitled to attend/participate in the Event until the Entry Form has been completed in full and submitted and full payment of the Entry Fee and Booking Fee (where relevant) has been received by us.
You confirm that the email address and personal details you provide to us are all accurate, correct and up to date.
5. Tickets All Event Fees are non-refundable. Participation in/attendance at the Event is personal to you; you are strictly prohibited from swapping, selling or offering to sell, swap the place in the Event without our prior permission. Tickets, where relevant, and Event entries are only valid when purchased on a specific web page for the Event on list reg platform and events websites - www.trailescape.co.uk; www.trailescape.co.uk/enter
Any breach of this condition shall render the entry void and there shall be no obligation on us to refund the Event Fee. If you are found to be in breach of this condition we reserve the right to exclude you from participation in/attendance at future events. The Event Fee for an Event will NOT transfer another, no exceptionsWhere relevant, tickets for the Event cannot be used as part of any marketing, media, sales promotion, staff reward programme or general competition use whether commercial or non-commercial without our prior written permission.
6. Cancellation of the Event by Trail Escape Limited
We reserve the right to cancel the Event if:
circumstances beyond our reasonable control arise which affect the safety and security of the participants and/or spectators or affect our ability to hold the Event, including, without limitation, war, civil or political unrest, terrorism or inclement weather conditions; or
before the Event Date we have not, in our sole discretion, received a sufficient number of applications to ensure that there are enough attendees/participants to make the Event economically viable.
Where practicable, we will provide written notice of cancellation to the email address we hold for you. In the event notice by email is not practicable due to timescales we will use reasonable endeavours to provide other suitable methods of notice including text message, updates to our website and radio broadcasts etc.
In the event of cancellation of the Event your entry will be automatically deferred to the next date for the Event free of additional charge. We will not, under any circumstances, be responsible for travelling or associated expenses.
7. Changes to the Event by Trail Escape Limited
We reserve the right to make any amendment to the Event (including but not limited to the Venue, the course and the route) that we deem necessary in order to stage the Event. We reserve the right to amend the Event format at our sole discretion and this may include replacing the Event with a socially distanced Event, or a reduced capacity Event, or a Virtual Event where you follow a route of solo participation via a mobile app or other digital medium, or another format at our sole discretion. The delivery of an Event under such an Event format change shall be deemed delivery of the Event and we shall have no further liability whatsoever in respect of such Event. Any changes to the Event will be communicated to you at the Event or sooner if practicable.
If the Event is advertised at a specific distance but we are required, or decide, to reduce the distance then the Event shall take place anyway. You acknowledge and confirm that you agree to any such amendment to the Event and that your booking is not cancellable or refundable due to such a change to an Event.
We reserve the right to change the date of the Event. If we change the Event Date from that advertised at the time you submit the Entry Form, we shall notify you of such change in writing. You will have a guaranteed free place in the Event on the new Event Date at no additional Event Fee. We will not, under any circumstances, be responsible for travelling or associated expenses, or any other losses you incur as a result of the Event Date changing other than as is set out in this clause 7.
8. Your Participation/Attendance at the Event We, our representatives at an Event and/or staff at the Venue may prohibit or ask anyone to cease attendance/participation in the Event and/or immediately remove anyone from the Venue, if they believe:
such person has disobeyed and/or breached, as relevant, any applicable Conditions, directions, instructions, decisions, or laws; or
such person’s behaviour endangers safety or may damage or harm the environment, cause offence, otherwise cause a risk or potential risk to health and safety, or is otherwise inappropriate for the Event or Venue; or
such person failed to arrive at the Event at the specified time or location; or
such person is unfit to attend/participate in the Event due to the excessive consumption of alcohol or drugs. You agree to take full responsibility for any alcohol or drugs that you consume at the Event; or
such person enters the Venue with contraband goods and/or prohibited articles including but not limited to illegal drugs, knives, guns and other types of weapons;
such person is unfit to participate in the Event due to an injury or illness; or
such person is unable to make sufficient progress in the Event to allow them to complete the Event in line with timelines set by Event officials (whether advertised or not).
If you are refused entry to the Event or we ask you to cease attendance/participation in the Event: (i) you must remove any of our merchandise from the Event and return them to an Event official; and (ii) you will not be entitled to a refund.
9. Cancellation by You
The Entry Fee is non-refundable. If you are unable to attend/participate in the Event for any reason you will not receive a refund of the Event Fee, any booking fee and/or any other costs you have incurred in connection with your entry into the Event.
We may at our discretion allow you to transfer your Entry to a third party provided that (i) an administration fee of £10 is paid (ii) You notify us of the proposed transfer by email to office@trailescape.co.uk (iii) The third party completes an entry form and agrees to be bound by clauses 10,11,12,13,14,15 in these terms and conditions.
Trail Escape Limited strongly recommends that participants protect themselves with adequate insurance in the event that they have to withdraw from the Event due to injury, illness or other reasons.
10. Your Personal Information
You agree that we can use the personal information that you provide to us when registering for or in connection with the Event (and parent/guardian’s name where applicable):
in the case of an emergency - the emergency contact details and medical information you provided may be used to allow medical assistance to be given to you.
to store, use, and share with group companies and partners, in connection with the Event. By giving us your personal information, you expressly consent to our collection, use and disclosure of your personal information as described in our privacy policy here. When you submit personal information to us, we may use it to contact you, and we may provide it to certain third parties, for marketing or promotional purposes.
to compile reports on results of the Event to be published to the governing body or any affiliated organisation for the purpose of insurance, permits or for any other purposes so required.
to publish the Event results on our website after the Event
You have the right to ask us not to process your personal data for marketing purposes and you may always opt-out of receiving future e-mail messages and newsletters from us or request that your information be removed from your website or corrected by emailing us at office@trailescape.co.uk or clicking on the unsubscribe link in such correspondence.
11. Photographs and Imagery
The Event may be recorded and videos, photographs and other recordings may be taken, where you may be captured participating in the Event. You agree to the publication of such photographs, videos, recordings, and/or likenesses of you (whether edited, adapted, modified or copied) and their use by us and those authorised by us, without prior notice or compensation, in any way which we may see fit now or in the future including but not limited to film, broadcast, radio, TV, publications, future events and publicity. You acknowledge that we have the full right to sell and/or profit from the commercial use of such photographs, motion pictures, recordings, and/or likenesses of you.
Any audio, visual, or audio-visual recordings that you make of the Event or any part of it are for personal use only and cannot be published or used for any commercial purpose without our prior written consent.
12. Your Safety at the Event
You acknowledge and understand that the Event may be potentially hazardous and that admission to any Venue and/or participation in any Event is at your own risk.
You acknowledge that the Event may involve strenuous physical exercise, loud music or other factors which could involve personal risk and you fully understand and accept that: (i) your participation in the Event may result in serious bodily injury and/or death to yourself or others; (ii) the Event may be held on public roads and facilities/areas open to the public during the Event and upon which hazards are to be expected; and (iii) where the Event involves strenuous physical exertion you may be required to be active for very long periods of time, including through inclement and/or very hot weather.
You should not enter and participate in the Event unless you are medically able and properly trained and it is your responsibility to monitor your own physical condition throughout the Event. If you are acting as a Guide Participant you shall also be responsible for the safety of the Assisted Participant you accompany. If you are participating in an Event with a Minor, you shall also be responsible for monitoring the Minor.
You warrant to us that on the Event Date you will be in good health and in proper physical condition to safely participate in the Event and that you are aware of the risks of participating in the Event. If you are in any doubt we recommend that you do not attend the Event and seek medical advice.
You acknowledge and agree that:
you will adhere to the Rules and all instructions given by Event officials at all times;
you will comply at all times during the Event with all applicable laws, byelaws and regulations of the United Kingdom, including but not limited to road traffic laws and the Highway Code;
you will comply with any codes of practice or guidance relevant to the Event, including but not limited to the UK Athletics competition rules and the rules of the IAAF and England Athletics. If there is any conflict between these rules and the Conditions, the Conditions shall apply to the extent of the conflict;
you will stop and assist any other participants/attendees of the Event in need of medical attention and alert an Event steward as soon as possible;
where the Event is outdoors you recognise that it may take place in varied or adverse weather conditions. You are expected to prepare yourself for the conditions of the day accordingly;
you agree not to drop litter on any part of the Venue or surrounding areas;
you shall not bring any non-service animals to the Venue;
you shall not use any artificial aid during your participation in any course at the Event;
you shall not use any non-medically necessary wheeled equipment, or any other item that could potentially inhibit the flow or safety of other participant, during your participation in any Event; and
you shall not wear any clothing or use any equipment that may pose a risk to yourself, other participants, spectators or personnel.
You consent to medical care and transportation in order to obtain treatment in the event of injury to you and waive any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury. You understand that no medical care may be available, but if it is, you assume liability for any and all medical expenses incurred as a result of your participation in the Event and any treatment you may receive. You acknowledge and understand that it is your personal responsibility to arrange for insurance cover for the Event if you wish to be covered by insurance. We will not provide insurance cover for your participation in the Event.
You understand and agree that you must fill in the contact and medical information fields on the back of your running bib. It is your responsibility to ensure that this information is correct. We will not be liable to you for any loss, damage or mis-treatment/mis-diagnosis that may result from any such information being inaccurate, misleading or incomplete.
This medical information will only be used by us to assist in the giving of medical treatment, if required, during the Event.
13. Your Personal Belongings
We accept no responsibility for the loss of, theft, or damage to any property owned by or under the control of you which you bring to the Venue. You are solely and personally responsible for the safety of your belongings.
14. Commercial Activities at our Events
You cannot carry out commercial, promotional and/or trading activities at, or in association with an Event without express prior written permission from us (or the Venue operator).
15. Our Responsibility for Loss or Damage Suffered by You
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
loss or damage;
loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
To the fullest extent permitted by law, you hereby waive, release and forever discharge us, our officers, employees, agents and representatives and all other persons associated with the Event for all liabilities, claims, actions or damages that you may have against us arising out of or in any way in connection with your registration and/or participation in the Event including, without limitation, any liability or claims caused by the negligence, action or inaction of any of the above parties, or otherwise.
You agree to indemnify and hold harmless Trail Escape Limited, its officers, employees, agents and representatives and all other persons associated with the Event from all liabilities, claims, actions and/or damages arising out of or in any way in connection with your participation in the Event or any breach by you of the Conditions.
16. Assignment
We shall be entitled to, without your consent, transfer, assign or novate our rights and/or obligations under these terms and conditions to any third party we may choose, and you undertake to perform any task necessary to give effect to such transfer, assignment or novation where requested by us.
17. Governing Law
These terms and conditions, their subject matter and their formation (and any non- contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
By entering into this agreement, we both agree that Regulation 28(1)(h) of the Consumer Contracts Regulations 2013 excludes a consumer’s rights to cancel a contract for the supply of services related to leisure activities if the contract provides for a specific date or period of performance and that this exclusion applies to this agreement.
18. Other Important Terms
If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
PARENTS/LEGAL GUARDIANS: If you are the parent or legal guardian of a Minor, then by agreeing to these conditions you are consenting to the terms of these conditions and you are agreeing to the Minor’s participation in the Event under your/an accompanying adult’s direct supervision. Note, in particular, that all children under the age of 15 must be accompanied by an adult over 18.
Part B – Signing up a group, friend or third party
If you are submitting an Entry Form for a group, friend or a third party to attend/participate in the Event, you must have permission from the friend, third party or other group members to provide their personal details to us. You confirm that the email address and personal details you provide to us are all accurate, correct and up to date. You are further confirming that your friend is aged 18 years or older.
You are responsible for ensuring that each group member has seen these T&Cs and is happy to participate in the event on the basis of the T&Cs. Entries purchased for a friend are non-refundable. By participating in the Event your friend will be deemed to have accepted these terms and conditions.
If you are found to be in breach of this condition, the booking shall be rendered void and we reserve the right to exclude all relevant participants from future events.
Part C – Charity Participants
The following provisions will apply to Charity Participants:
If you cancel your attendance or participation in the Event under clause 9 of these conditions, then your place at the Event will revert to the charity.
In no event shall we be liable to for any pledges, promises or contributions made on your behalf or by you to any charity in relation to an Event