TERMS AND CONDITIONS
“Event” means the Trail Events challenge.
“Promoter” or “Us” means The Trail Event Company.
“Terms and Conditions” means these terms and conditions.
“Venue” means the site at which the Trail Events Co Challenge takes place (and Trail Event trails – all distances).
“Ticket” means any valid ticket, wristband or timing chip which permits You to attend any Trail Events Co Challenge.
“You” means you as the holder of the Ticket and “Your” shall be read accordingly.
A. STATUS OF THESE TERMS AND CONDITIONS
1. These Terms and Conditions replace any previously published terms and conditions.
2. All Tickets, entry fees and passes are sold subject to these Terms and Conditions. Please read these Terms and Conditions carefully and raise any queries with the Promoter prior to purchase. Purchase of any Ticket constitutes acceptance of these Terms and Conditions on Your behalf and on behalf of any person for whom You are purchasing Tickets.
3. These terms and conditions are subject to change from time to time without notice and at our sole discretion. We will notify You of amendments to these terms and conditions by posting them to this website.
B. TICKETS, TIMES, REFUNDS AND CANCELLATION
1. Only customers holding a valid Ticket will be admitted to the Trail Events Co Challenge. There are a limited number of Tickets (and different types of Tickets) available for each Event, and therefore purchase of Tickets is strictly subject to availability.
2. You must retain your Trail Events Co Wristband/timing chip on Your person at all times during the Event.
3. Your Wristband/timing chip may be invalidated if any part of it is removed, altered or defaced. This may mean you receive a ‘Did Not Finish’ against your name.
4. The Promoter will not be responsible for any Ticket or Wristband that is lost, stolen or destroyed. You are solely responsible for the safe-keeping of Your Wristband or Ticket. It is not always possible to issue duplicate Tickets. If duplicates are issued, a reasonable administration fee may be charged.
5. Price and availability information is subject to change without notice.
6. Ownership or possession of a Ticket or Wristband does not confer any rights (by implication or otherwise) on You to use, alter, copy, or otherwise deal with any of the symbols, trademarks, logos and/or intellectual property appearing on the Ticket or Wristband.
7. Wristbands or Tickets are personal revocable licences and shall at all times remain the property of the Promoter and subject to these Terms and Conditions. You may not re-sell or transfer a Wristband or Ticket for commercial gain. If a Ticket is re-sold, transferred or advertised for profit or commercial gain or used for competitions, promotions or hospitality packages by anyone other than the Promoter, or an authorised sub-agent, it will be void and You will be refused entry to, or ejected from, the Venue without refund.
8. Tickets are sold subject to the Promoter’s right to alter or vary the published Trail Events programme. The Promoter reserves all rights in this regard. Any published start and finish times at Trail Events Co are estimates only and are subject to change. The Promoter shall not be liable for any change of a published start or finish time.
9. All advertised times are approximate and subject to change. It is Your responsibility to make appropriate arrangements to ensure that You arrive at the Venue in sufficient time in case the event starts early or otherwise, and to ensure that You are able to stay until the close of the event should You wish to if it overruns. We will not be responsible to make any refund or meet the costs of any alternative travel arrangements or for any loss of enjoyment or other indirect loss as a result of an Event not running to the precise advertised times.
10. In the event of a cancellation or Material alteration of the Event (defined below) You will be entitled to a refund in accordance with these terms and conditions. Where the cancellation takes place part-way through an Event, You may only be entitled to a refund of part of the face price which You paid for the Ticket or Wristband. Personal arrangements including travel, subsistence and accommodation in relation to the Event which have been arranged by You are made at Your own risk and the Promoter will not have any liability for any such loss of enjoyment or wasted expenditure. In order to claim Your refund in the event of a cancellation or Material alteration, please contact Trail Events Co via email at [email protected] Refunds will only be made to the person who purchased the Tickets or Wristbands. A “Material” alteration is a change which in our reasonable opinion makes the Trail Event materially different to the Event which purchasers of the Ticket or Wristband could reasonably expect. Changes to start times on the days and/or minor alteration to trails, shall not be considered a Material alteration.
Material Alteration – Something that the Trail Events Co has change through choice, not a change that has been forced on us. If the change is forced on us see point 31 onwards.
11. It is Your responsibility to check that the Event has not been cancelled, rescheduled or made the subject of a Material alteration. Information on such matters will be made available on behalf of the Promoter as soon as reasonably practical on the Promoter’s website, social media channels, and/or at the Venue. Customers are advised that the website cannot always be updated immediately and that circumstances giving rise to cancellation, postponement or Material alterations can sometimes arise immediately prior to an Event.
12. Tickets may be transferable to another challenge if requested via email to [email protected] at least 7 days prior to the event. There will be an administration charge for this. This is at the discretion of the Promotor.
13. Tickets may be changed for a different distance than the one originally paid for, at the discretion of the Promotor. There will be an administration charge for this.
14. There will be no refunds for Trail Events Co Events, either full or partial, except in the event of cancellation or Material alteration. Tickets will not be refunded where they have been used to gain entry to a Trail Events Co Event.
15. Tickets or Wristbands obtained in breach of these Terms and Conditions shall be null and void and the Promoter may refuse admission to, or eject You from, the Venue. Any person seeking to use a void Ticket in order to gain or provide entry to an Event will be considered to be a trespasser and will be ejected and liable to legal action. Void Tickets are non-refundable.
Please note:- Any event affected by COVID-19 will not be refundable. There will be options to defer or transfer to other events or the same event the following year. Covid is not insurable and therefore no refunds can be made. You will not loss your money, you will be transferred to another event.
C. THE EVENT
16. The Promoter reserves the right to refuse You entry to and/or eject You from any Trail Events Co Event. In particular but without limitation You may be refused admission to or removed from the Event for any of the following reasons: for health and safety reasons; if You behave in a manner which has or is likely to affect the enjoyment of other persons at the Event; if You use threatening, abusive or insulting words or mannerisms; if, in the Promoter’s reasonable opinion, You are acting under the influence of alcohol or drugs; if You breach these Terms; and/or if Your Ticket is void.
17. If before or during any Trail Events Co Event, You have a complaint in relation to the Event (including without limitation in relation to Your ability to participate in the competition), please contact the Promoter or a steward promptly since complaints are easier to deal with at the Event.
18. By attending a Trail Events Co Event, You give Your express consent to Your actual or simulated likeness being included within any film, photograph, audio and/or audio-visual recording to be exploited in any and all media for any purpose at any time throughout the world, the copyright to which shall be owned by the Promoter or its contractors without payment or compensation. If You attend an Event with
Your child aged under 18 years You give the foregoing Your express consent on their behalf. This includes filming by the police or security staff that may be carried out for the security of customers.
19. You shall not bring all or any of the following into the Venue: fireworks, laser pens, laser equipment, animals (except assistance dogs and dogs running in any Trail Events Co Event), bottles, cans or glass containers, or any item which the Promoter considers could be used as a weapon (including sharp or pointed objects such as knives), and illegal substances. The Promoter shall be entitled to confiscate any merchandise purchased outside the Venue.
23. There will be no admission to the Event before the designated opening times on any day of the Event.
24. You must comply with any and all instructions given to You by the Promoter and/or all Venue stewards and staff at the Event.
25. You shall not bring into the Venue or display or distribute (whether for free or not) at the Event any sponsorship, promotional or marketing materials.
26. To the extent permitted by law and with Your consent, personal information provided by You to the Promoter will be used for all purposes reasonably connected with the operations of Trail Events co and the Promoter including (but not limited to): providing You with details of forthcoming connected events, offers and services; providing You with updates as to the latest concessions or any changes thereto and information concerning competitions and other promotional activity; supplying You with the goods that You request or in which the Promoter reasonably believes You may be interested; conducting market research and establishing customer profiles; and transferring or disclosing the information provided to the Promoter’s professional advisors and such other parties as it considers necessary in the administration of its business. The Promoter will not use or disclose Your personal information other than as set out in these Terms and Conditions without Your prior consent. If You have any queries about this, please contact Trail Events at [email protected] You will be given the opportunity to unsubscribe from any email communications You receive from the Promoter by following the unsubscribe link.
27. The Promoter takes the needs of customers who are disabled or who have other access requirements very seriously and actively encourages people of all abilities to attend the Event. If You have access requirements for an Event please contact Trail Events Co at [email protected]
29. All items brought to the Venue and Trail Events Co campsite are brought and left at Your own risk.
30. You are permitted to bring Your own limited supply of food and drink for Your own consumption in the campsite and/or the Event site but not for resale.
31. You agree to the following:
1. I understand that participating in any aspect of this event is potentially hazardous and that I should not enter and participate unless I am medically able and properly trained.
2. I will not take part in the event if it is beyond my abilities. If I am aware of or concerned that I have a medical condition which might interfere with participating safely, I should seek advice from a relevant medical professional and follow that advice.
3. I have disclosed and given details of all medical conditions/special medical needs relating to me via the entry system and have received appropriate guidance where applicable.
4. I will attend the event briefing. I accept that the event carries its own risks and I will not carry out any activities (or the event in its entirety) if for any reason I feel it is not suitable for me, or my dog (for those running with a dog).
5. I will notify an appropriate person immediately if I feel unwell before, during or after the event.
6. I will carry the mandatory kit with me at all times during the event.
7. If running with a dog my dog will be at least a year old for a 10k or 18 months old for longer distances. All dogs must be on a harness. Please note that if running with a dog and place in the top three, you will not receive a trophy due to the artificial aid a dog can give you up hills.
31. You agree that the Promoter, its servants or agents will not be liable for any loss, injury or damage to any person (including Yourself) or property however caused (including by the Promoter or its employees or agents): (a) in any circumstances (such as Force Majeure) unless due to the negligence of the Promoter, its employees or agents; ; (b) in circumstances where such loss or damage is not a reasonably foreseeable result of any such breach (save for death or personal injury due to the negligence of the Promoter, its servants or agents); and/or (c) to the extent that any increase in any loss or damage results from the breach by You of any of these Terms and Conditions.
32. For the purposes of these Terms and Conditions, “Force Majeure” means any cause beyond the Promoter’s control including, without limitation, an act of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, pandemic, royal mourning, national mourning, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements and/or acts or regulations of national or local governments. The Promoter will not be liable to You for failure to perform any obligation under these Terms and Conditions to the extent that the failure is caused by Force Majeure.
33. You agree that the Promoter shall not be liable to You for any indirect or consequential costs, claims, actual or alleged losses howsoever arising out of or in connection with the Event and/or our obligations hereunder including, but not limited to, loss of profits, anticipated profits, savings, business or opportunity, or loss of publicity or loss of reputation, or opportunity to enhance reputation, or loss of contract or other economic or consequential loss arising from the performance (or any failure to perform) these Terms and Conditions.
34. The Promoter will not have any liability to You whatsoever for loss or expenses incurred in connection with the Event or any cancellation of the Event, including, without limitation, costs of any personal travel, accommodation or hospitality arrangements made relating to the Event or the cancellation of the Event.
35. To the fullest extent permissible in law, the Promoter shall be entitled to assign all and any of its rights and obligations under these Terms and Conditions, provided that Your rights are not adversely affected.
36. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court, the invalid or unenforceable provision shall be severed or amended in such a manner as to render the rest of the provision(s) and remainder of these Terms and Conditions valid or enforceable.
37. If the Promoter delays or fails to enforce any of these Terms and Conditions it shall not mean that the Promoter has waived its right to do so.
38. Any person, other than the Promoter, who is not a party to these Terms and Conditions shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.
39. Nothing in these Terms and Conditions and no action taken by You or the Promoter under these Terms and Conditions shall create, or be deemed to create, a partnership, joint venture or establish a relationship of principal and agent or any other fiduciary relationship between You and the Promoter.
40. These Terms and Conditions constitute the entire agreement between the parties in connection with the subject matter of these Terms and Conditions and supersede any previous terms and conditions, agreement or arrangement between You and the Promoter relating to the subject matter of these Terms and Conditions.
41. Nothing in these Terms and Conditions shall purport to exclude liability for fraud or fraudulent misrepresentation.
42. These Terms and Conditions shall be governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the Courts of England, Wales and Scotland.
Amended April 2018 Adam Carswell – Director