EVENT TERMS OF DIRTY DOZEN RACES
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE REGISTERING FOR AN EVENT
Dirty Dozen Races, a trading name of TFA Events Limited (“DDR”), is a registered company in England and Wales under company number and has its registered office at 17 Glasshouse Studios, Fryern Court Road Burgate, Fordingbridge, Hampshire, UK SP1 6QX.
1.1 The definitions in this clause apply to these Terms:
- Course: the location of the Event.
- Event: the event you have chosen to enter.
- Insurance Provider: the insurance provider appointed by DDR from time to time which provides a group personal accident insurance policy for participants in the Event.
- Released Parties: has the meaning given to it in clause 3.1
- Rules: the rules of the Event set out in clause 5.1.
- Terms: the terms and conditions set out in this document.
- Website: dirtydozenraces.com.
1.2 In these Terms any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
1.3 Headings do not affect the interpretation of these Terms.
2. THE CONTRACT
2.2 These Terms shall become binding on DDR and you once you have registered for an Event and DDR has received full payment from you, at which point a contract shall come into existence.
2.3 DDR has the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting DDR’s business, changes in technology and changes in any relevant laws and regulatory requirements.
3. WAIVER, DISCLAIMER AND DDR’S LIABILITY
3.1 In consideration of being permitted to participate in the Event by DDR, you agree to fully waive, release and forever discharge DDR, its directors, employees, officers, agents, consultants, subcontractors, insurers, sponsors, advertisers, owners or operators of the venue and owners or operators of the Event (“Released Parties”) from any and all injuries (including death), losses, damages, claims, demands, lawsuits, expenses and other liability of any kind, of or to you, your property, or any other person, directly or indirectly arising out of or in connection with (whether directly or indirectly) your participation in the Event.
3.2 You agree not to take any action, or permit anyone on your behalf to take any action, against any of the Released Parties for any and all injuries (including death), losses, damages, claims, demands, lawsuits, expenses and other liability of any kind, of or to you, your property, or any other person, directly or indirectly arising out of or in connection with (whether directly or indirectly) your participation in the Event.
3.3 You agree to reimburse, refund and/or repay to DDR any amount DDR has to pay to any third party which has been caused by:
(a) your actions;
(b) your participation in the Event; or
(c) your failure to comply with any of these Terms.
3.4 DDR agrees to be responsible for any loss or damage you suffer that is a foreseeable result of DDR’s material breach of the Terms or its negligence, but DDR is not responsible for any:
(a) loss or damage that is not foreseeable (loss or damage is foreseeable if it is an obvious consequence of DDR’s material breach or if it was contemplated by you and DDR at the time this contract was entered);subject to clause 3.5
(b) personal injury or death;
(c) damage to your equipment or property howsoever caused; or
(d) economic loss such as loss of earnings or wages
3.5 DDR does not exclude or limit in any way its liability for:
(a) death or personal injury caused by its negligence or the negligence of its employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples).
3.6 The express provisions of these Terms are in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
4.1 You acknowledge that the Event could be hazardous and dangerous to you and other third parties. You also acknowledge that by participating in the Event, there is a risk that you could damage or destroy your equipment or equipment belonging to other third parties. Examples of such risks include:
(a) the actions (including negligent actions) of other road users or members of the public (including other participants); and
(b) collisions with other participants, equipment, vehicles and buildings;
(c) inclement weather such as rain or snow, and extremes of heat or cold;
(d) undertaking strenuous exercise for long periods of time over long distances;
(e) hazardous terrain;
(f) encountering fire or electricity.
4.2 The Event may include obstacles both natural (such as woods, fields and water features) and man made (such as water obstacles, paved and unpaved roads and tracks, military style assault course obstacles, pipes, cargo nets, climbing walls, fire and electricity).
4.3 Your participation in the Event could result in bodily injury or death to you or other third parties.
4.4 You confirm that you are physically fit and sufficiently healthy to safely participate in the Event and it will not cause any harm or danger to you or any other third party.
4.5 You agree that all information you provide to DDR in any medical questionnaire is complete, true and accurate in every respect. You acknowledge that it is your responsibility to consult with any general practitioner (or other medical professional) prior to participating in the Event to ensure that your participation will not present any risks to your health.
4.6 You understand all of the risks associated with your participation in the Event (including those risks set out in these Terms) and acknowledge that, whilst DDR will use all reasonable efforts to minimise any such risks, some inherent risks cannot be eliminated completely. You are responsible for, where possible, inspecting the Course prior to the Event. By participating in the Event, you acknowledge that you consider the Course (and any equipment on it) to be safe and acceptable to you.
5.1 You shall:
(a) comply with any and all applicable laws and regulations (including local byelaws, traffic laws and other laws relating to drugs, alcohol and other prohibited substances);
(b) comply with the highway code or any other similar code or rules which apply to you during your participation in the Event;
(c) comply with any and all requests and instructions displayed or given to you (whether written or oral) by DDR or any of its employees, subcontractors or agents (including any stewards) at the Event;
(d) not challenge any of the Rules or dispute any of the requests or instructions referred to in clause 4.1(c) above;
(e) comply with the requirements of any land owners or occupiers over which the Course has been organised;
(f) co-operate with DDR or any of its employees, subcontractors or agents (including any stewards) at the Event;
(g) act in an appropriate manner at all times during the Event;
(h) not damage any equipment belonging to DDR or any other third party at any time;
(i) not be under the influence of alcohol, drugs or any other substance (prohibited or otherwise) that may impair your ability to safely participate in the Event;
(j) wear clothing appropriate for the Event;
(k) use equipment appropriate for the Event;
(l) not leave the Course at any time without first notifying DDR;
(m) stop and assist any participant who may require assistance during the Event;
(n) provide DDR, in sufficient time, with any information and instructions it reasonably requires to enable you to participate in the Event;
(o) not urinate or defecate on the Course outside designated areas;
(p) be over the age of 18 at the time of the Event or arrange for a parent or legal guardian to consent to you participating in the Event and agree to these Terms in addition;
(q) not drop any litter on the Course;
(r) not bring any dogs to the Venue, unless it is a Guide Dog for a visually impaired person.
5.2 If you fail to comply with the Rules or any other requests, requirements, instructions or decisions of DDR (whether written or oral), any of these Terms or any applicable laws or regulations (including the highway code), DDR or any of its employees, subcontractors or agents (including any stewards) at the Event may cease your participation in the Event and/or remove you from the Course.
6. IMAGE RIGHTS
6.1 By participating in the Event, you acknowledge that you may be photographed, filmed and/or included in a sound recording and consent to being photographed, filmed and/or recorded and agree to waive any and all rights of publicity or privacy.
6.2 In the event that you are photographed, filmed and/or sound recorded, you hereby irrevocably grant to DDR, its affiliates and any third party partner, without any expectation of compensation, your permission, consent and authority to use and exploit your photograph, appearance, video, image, likeness, voice or recording in any and all manners and media throughout the world in perpetuity without the need for any further consents from you.
7.1 DDR has arranged for a group insurance policy from the Insurance Provider to cover you during your participation in the Event, the cost of which is included in the price.
7.2 You acknowledge that any insurance provided by the Insurance Provider is under a contract between you and the Insurance Provider and that DDR is not a party to any such contract.
7.3 If you need to make a claim under any insurance provided by the Insurance Provider, or have any other queries in respect of such insurance, you should contact the Insurance Provider directly and not DDR as DDR will not be able to assist you.
8.1 Where you use equipment belonging to DDR during your participation in the Event, you agree to use such equipment will all reasonable care. If DDR considers you to have caused damage to any equipment as a result of a failure by you to use all reasonable care, you acknowledge and agree that DDR has the right to charge you for the full replacement value of such equipment.
8.2 DDR may require you to provide specific equipment in order for you to participate in the Event. This is your responsibility. If you fail to provide such equipment, DDR or any of any of its employees, subcontractors or agents (including any stewards) at the Event may cease your participation in the Event and/or remove you from the Course.
8.3 DDR accepts no responsibility for the loss of, theft, or damage to any property owned by you or under your control which you provide to DDR for storage and/or transport during the Event.
9. PRICE AND PAYMENT
9.1 The price for your participation in the Event is set out on the relevant web page of the Website and includes VAT but not personal insurance or registration fees
9.2 Prices are liable to change at any time, but price changes will not affect you if you have already registered for an Event and paid the amount due to DDR in full.
9.3 Where you do not pay the full price for participating in the Event before the Event commences, you shall not be entitled to participate in the Event.
10. CANCELLATION BY YOU AND REFUNDS
10.1 Under the Consumer Protection (Distance Selling) Regulations 2000, you may cancel many online purchases up to seven working days after the transaction has been made (“Cooling-Off Period”), unless the services being purchased by you have already commenced.
10.2 Once the transaction has been made, DDR will begin sending you information relating to the Event. Accordingly, once the transaction has been made, DDR considers the provision of the services by DDR to you to have commenced. As such, you agree that you shall not be entitled cancel the transaction and have the benefit of the Cooling-Off Period.
10.3 You acknowledge that all amounts paid by you to DDR in relation to your registration for, and participation in, the Event are non refundable for any reason.
10.4 If you do not want to lose your right to the Cooling-Off Period, you should not register for the Event via the Website.
11. DELAY, MODIFICATION OR CANCELLATION OF THE EVENT BY DDR
11.1 You acknowledge that DDR may delay, modify or cancel the Event in the event of the following occurrences:
(a) inclement weather; or
(b) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
(c) strikes, lock-outs or other industrial action; or
(d) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
(e) impossibility of the use of railways, aircraft, motor transport or other means of public or private transport; or
(f) impossibility of the use of public or private telecommunications networks,
to the extent that, in DDR’s opinion, the Event would be rendered unreasonably difficult to administer or unsafe to participate.
11.2 You acknowledge and agree that if the Event is delayed, modified or cancelled as described in clause 11.1 above, you will not be entitled to a refund from DDR of your entry fee or any other amounts you incur in connection with the Event.
12. TRANSFER OF RIGHTS AND OBLIGATIONS
12.1 DDR may transfer its rights and obligations under these Terms to another organisation, but this will not affect your rights or DDR’s obligations under these Terms.
13. NOTICES AND COMMUNICATIONS
You can contact DDR by e-mail, by hand, or by post to TFA Events Limited (trading as Dirty Dozen Races) at 17 Glasshouse Studios, Fryern Court Road, Fordingbridge, Hampshire, SP6 1QX or . If DDR has to contact you or give you notice in writing, DDR will do so by e-mail, by hand, or by post to the address you provide to DDR at the time of registering.
14. DATA PROTECTION
15.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law. These Terms supersede any oral or written statements made by or to you in connection with the Event.
15.2 You understand that you cannot terminate, cancel or revoke your acceptance of these Terms for any reason.
15.3 If DDR fails, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if DDR does not exercise any of its rights or remedies under these Terms, that will not mean that DDR has waived such rights or remedies and will not mean that you do not have to comply with those obligations. If DDR does waive a default by you, that will not mean that DDR will automatically waive any subsequent default by you. No waiver by DDR of any of these Terms shall be effective unless DDR expressly say that it is a waiver and DDR tells you so in writing.
15.4 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
15.5 These Terms shall be governed by English law and you and DDR both agree to the exclusive jurisdiction of the English courts.
15.6 By agreeing to these Terms, you acknowledge and accept all of the risks associated with your participation in the Event (some of which are set out in clause 4) and agree to take full responsibility for any and all damages, liabilities, losses or expenses that you incur as a result of participating in the Event.