Caledonian Concepts (Scotland) Limited – Entry Conditions (the “Conditions”)
By submitting the Entry Form, you (“the Applicant”) agree to be bound by these Conditions. Where the Entry Form specifies Participants other than you, you will ensure that such Participants are aware of, and agree to, these Conditions. Where such other Participants are children or adults without capacity, you agree to these Conditions on their behalf or shall procure such agreement from the person entitled to consent on their behalf. When the Event Organiser issues a confirmation to you further to your submission of the Entry Form, a contract incorporating these Conditions is concluded between you and the Event Organiser.
1.1 “Event” means the event named on the Entry Form and organised by the Event Organiser and may include the Inverness Half Marathon, 5K Fun Run and/or related events.
1.2 “Event Date” means the date of the Event(s), as specified on the Entry Form.
1.3 “Entry Fee” means the price of entry into the Event as set out in the Entry Form.
1.4 “Entry Form” means the Event Organiser’s online registration system which you must use in order to apply, register and pay for their entry to the Event.
1.5 “Event Organiser” means Caledonian Concepts (Scotland) Limited, company number SC310846 and having its registered office at Alder House, Cradlehall Business Park, Inverness, IV2 5GH.
1.6 “Associated Parties” means the Event Organiser’s officers, employees, officials, marshals, stewards, suppliers and/or sponsors and/or persons for whom it is answerable.
1.7 “Participant” means each person named on the Entry Form who will be participating in the Event.
2 ENTRY & PAYMENTS
2.1 The Applicant shall complete the Entry Form online and submit it together with payment of the Entry Fee online in accordance with the Event Organiser’s website.
2.2 Participants shall not be eligible or entitled to participate in the Event until full payment of the Entry 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.
2.3 The Applicant and Participants acknowledge that all Entry Fees, related tickets and purchases are non-refundable.
2.4 By submitting an Entry Form and paying the Entry Fee, the Applicant and all Participants agree to enter the Event and to abide by these Conditions and any instructions given by the Event Organisers, officials and marshals before, during or after the Event.
2.5 The Participants agree to abide by all applicable rules and regulations of any relevant sporting governing bodies that may oversee the Event, including but not limited to Scottish Athletics. No refund of the Entry Fee shall be given if a Participant is disqualified from the Event as a result of an infringement of these Conditions or any such rules and regulations.
2.6 The Event Organiser may also exclude Participants from the Event if false information is included on the Entry Form.
3.1 To participate in the Half Marathon, the Participant must be 17 years or older on the day of the Event.
3.3 There is no age restriction on participation in the 5K; however, Participants aged between 0-8 must be accompanied by an adult.
3.6 All Participants acknowledge that the Event is physically strenuous. As such they must be medically fit to participate and take full responsibility for their own personal health and fitness. Participants are strongly advised to consult a doctor before undertaking any strenuous exercise or training programme, or participating in the Event. Participants acknowledge that they are taking part in an event in a remote and rural location where there will be a longer medical response time in the event of emergency. Participants agree to take part in the Event at their own risk and will not hold the Event Organiser responsible in the event of acute illness, injury or death. In the event of an accident or illness whilst taking part in the Event, Participants hereby give permission for the Event Organiser to initiate medical treatment and to inform their next of kin in case of hospitalisation. Participants must complete all the required medical information fields (including next of kin contact number) on the back of their Event number prior to participating in the Event. Medical information will only be used to allow medical assistance to be given on the Event date.
3.7 Visually impaired runners: Entries from blind or visually impaired runners are welcome, however all such Participants must be accompanied by a supporting runner. It is strongly advised that the blind or visually impaired runner and his /her guide should be appropriately identified, and must be linked together. A complimentary place will be provided for guide runners. All such entrants must contact Caledonian Concepts (Scotland) Limited prior to entering by email at firstname.lastname@example.org and it will be able to advise further on participation.
3.8 Participants acknowledge that any withdrawal on medical grounds will not entitle them to a refund of the Entry Fee.
3.9 The Event Organiser and/or owners of the venue where the Event is conducted are also entitled to impose additional Event rules upon Participants from time to time which will be provided or made available to the Applicant and will form part of these Conditions. Any relevant rules and regulations may be obtained from the Event website or upon request to the Event Organiser.
3.10 All Participants must attend registration at the times and on the day as instructed by the Event information, which will be issued by the Event Organiser before the Event.
3.11 Only Event finishers will receive a medal, t-shirt and an Event giveaway. Non Participants are not eligible for a medal, t-shirt or Event giveaway.
3.12 An email address is required for all entries. All correspondence will be via email. A separate email address for each Participant is preferred but not required.
3.13 The Event Organiser will email all communications including newsletters and other relevant Event information to the email address provided by the Applicant at the time of submission of the Entry Form. The Event Organiser shall not be held responsible for any computer malfunctions or other technical anomalies that may occur in the process of sending out such email communications that may lead to failure of receipt by the Participant. To ensure receipt of all Event information, it is the sole responsibility of the Applicant to ensure they provide the Event Organiser with the correct email address and postal address and to inform the Event Organiser of any changes no later than twenty one (21) days prior to the Event.
3.14 The Event Organiser takes no responsibility for items lost or misplaced in the post or, if you fail to comply with condition 3.13, for items dispatched to the wrong address.
4 EVENT SAFETY
4.1 Prior to and during the Event each Participant will be responsible for his/her own safety. Each Participant will take all reasonable care to ensure the safety of other participants and will comply promptly with all instructions and guidelines given by the Event Organiser, marshals and officials.
4.2 Participants must not deviate from the official route which will be marked with Event signage from start to finish. There will be marshals located on the route and all volunteers and staff involved in the Event will be clearly identifiable.
4.3 If a Participant retires from the Event, he/she must inform the route marshals.
4.4 All decisions and rulings made by the Event Organiser are final. Accordingly, Participants will comply with all Event rules and all instructions and guidelines given by officials, stewards, marshals, and safety personnel. Participants acknowledge and agree 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 placings.
4.5 It is Participants’ responsibility to ensure that they have the correct equipment, footwear and clothing for the Event, taking weather conditions into account.
4.6 For safety reasons Participants are not permitted to be accompanied by pets or other animals when participating in the Event, this includes assistance dogs.
4.7 Participation in the Event is personal to each Participant and Participants are strictly prohibited from swapping, selling or transferring their place in the Event or allowing any other person to wear their Event number and participate in their place. If a Participant is found to be in breach of this condition 4.7, the Event Organiser reserves the right to exclude that Participant from participation in future events which it organises.
4.8 The Event Organiser reserves the right at any time to remove a Participant from the Event or prevent the Participant participating in the Event if in the 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 including that the Participant is under the influence of alcohol or drugs or takes part in any ambush marketing activity. No refund of the Entry Fee shall be made in such circumstances.
4.9 Throughout the Event, Participants will be checked for their suitability to continue on grounds of capability. If any of the marshals and medical staff believe that the safety of a Participant will be compromised by his/her continued participation, they reserve the right to ask that Participant to stop.
4.10 No headphones are permitted to be worn by Participants for the duration of the Event. The Event is run under Scottish Athletics rules and therefore MP3 players or other devices plugged into the ear are banned whilst running for reasons of health & safety. Wireless bone conductor headphones are exempt from this clause and are permitted.
4.11 Participants are not permitted to use the following items in the Event: roller skates; wheel barrows or trolley carts; wheelchairs (standard, race, electric or motorized) – except for permissible wheelchair entries in the 5K; nordic sticks or any other walking poles; baby joggers or strollers (except in the 5K); cycles; or any other item that could potentially inhibit the flow or safety of other participants or which the Event Organisers consider may cause danger or risk of danger to the Participant or other participants. Any attempt to use such items may result in the forcible removable of the items and disqualification of the Participant.
4.12 Fancy dress costumes can be worn, however, the Event Organiser reserves the right to prevent a Participant from participating in the Event if it considers that the fancy dress outfit may cause danger or risk of danger to the Participant or other participants.
4.13 The Event Organiser may introduce cut off times as it sees 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. Consequently, Participants may be instructed to withdraw from the Event in accordance with imposed cut off times. Participants will be advised of these cut off times in advance of the Event.
4.14 All Participants must display (on their front) a valid running number at all times. Unregistered individuals are not permitted into the start or finish area and will be removed from the course by the course marshals. Resources of the Event Organiser, including medical and safety services, along with Event supplies for drink stations and finishers packs, are reserved solely for registered participants. Any unregistered individuals should be reported to the nearest Event marshal or official.
4.15 All Participants are expected to conduct themselves in a professional and courteous manner during their participation in the Event. This means, for example, that urinating or defecating anywhere on or near the course shall be strictly prohibited except in toilet facilities. Anyone violating this rule of conduct shall be disqualified from the Event and will be asked to leave the course.
5 WITHDRAWAL, CANCELLATIONS, REFUNDS OR ALTERATIONS
5.1 The Event Organiser operates a fourteen (14) day cooling off period. Accordingly, the Applicant is entitled to cancel his/her application to participate provided the Event Organiser receives written notice of cancellation within fourteen (14) days of payment of Entry Fee (payment being deemed made for the purpose of this condition 5.1 by clicking on the make payment link on the secure payment webpage). During this fourteen (14) day period the Applicant is able to cancel his/her entry and receive a full refund of the Entry Fee by emailing email@example.com or writing to the Event Organiser at Caledonian Concepts (Scotland) Limited, PO Box 26 Muir of Ord, IV6 7WZ. The notice must be received before the end of the 14 day cooling off period.
5.2 The Event Organiser reserves the right to retain £5.00 from any refund given in accordance with condition 5.1 as a contribution to administrative costs.
5.3 Entries are non-transferable either to a different individual or to another event in the current year or in future years.
5.4 The Event Organiser reserves the right to alter the start time of the Event. In the event of a change of start time the Participant will be notified of the revised start time with as much notice as reasonably practicable. No refund in full or in part shall be made for any change in start time.
5.5 The Event Organiser reserves the right to change the date of the Event. In the event of such change of date of the Event, where the Participant is unable to attend on the revised date, he/she has fourteen (14) days to inform the Event Organiser in writing (or by email) from when the change in date is announced to receive a full refund of their Entry Fee. If the date of the Event is changed, there shall be no further liability (including any travel or accommodation costs) whatsoever arising from such change of format.
5.6 The Event Organiser reserves the right to amend the Event format, route or distance at its sole discretion; the Event Organiser shall have no liability to Participants in such circumstances and Participants shall have no right to a refund in such circumstances.
5.7 The Event Organiser reserves the right to cancel the Event.
5.8 If the Event is cancelled, the Event Organiser will endeavour to stage the Event at a later date either at the same venue or at an alternative venue. Any changes to the Event will be communicated to the Applicant at the Event or sooner if practicable; and Participants will have the right to take part in the re-staged Event. If Participants are unable to take part in the re-staged Event, there will be no entitlement to a refund of the Entry Fee.
5.9 If the Event is cancelled, the Event Organiser will have no responsibility for any costs incurred as a result of cancellation such as travel or accommodation costs.
6 EVENT ORGANISER RESPONSIBILITIES/LIABILTY
6.1 Notwithstanding anything in these Conditions, the Event Organiser shall not be liable to the Applicant or any Participants for any liability in contract, delict (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 Entry Fee. 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.
6.2 Accordingly the Participant hereby expressly and irrevocably renounces, for him/herself, dependents and successors in title the right to any recourse or claims whatsoever against the Event Organiser and 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 the Event, and the Participant hereby undertakes, for him/herself, dependents 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 aforesaid recourse or claim 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.
6.3 Nothing in these Conditions shall exclude or limit the liability of the Event Organiser:
6.3.1 for death or personal injury caused by the Event Organiser’s negligence;
6.3.2 for fraud or fraudulent misrepresentation; or
6.3.3 for any matter which it would be illegal for the Event Organiser to exclude or attempt to exclude liability.
6.4 This condition 6 shall be read and construed and shall have effect subject to any limitation imposed by any applicable law.
6.5 The Event Organiser shall procure and maintain appropriate third party liability insurance for the Event for our own benefit. The Participants:
6.5.1 acknowledge that they are not entitled to benefit under such insurance where any claim is made against them by a third party for death, personal injury or damage to property arising out of or in connection with their negligent actions or omissions whilst participating in the Event; and
6.5.2 shall indemnify the Event Organiser and keep it indemnified against any claim made against it by a third party for death, personal injury or damage to property arising out of or in connection with their negligent actions or omissions whilst participating in the Event.
7 PERSONAL DATA, PUBLICITY AND RESULTS
7.1 In the course of registering for and participating in the Event, the Event Organiser will collect personal data. The Event Organiser may process and use the personal data collected for organisation, administration, research and promotion purposes. Individuals are entitled to request access to, and correction of, all personal data collected by the Event Organiser, as well as requiring it to delete data if the individual no longer wishes the Event Organiser to process it after having taken part in the Event. To make such a request, please e-mail the Event Organiser at: firstname.lastname@example.org
7.2 Photos taken during the Event by official Event photographers may be used in the Event marketing literature. By entering the Event, Participants give permission for the free use of their name, voice or picture in any photo, images or video footage broadcast, telecast, advertising, promotion or other account of the Event, the sponsor and the beneficiary charities in any future fundraising, marketing or publicity materials including national and regional press and on any of the Event Organiser’s website(s) as well as on the Event, sponsor or charity beneficiaries’ Social Media accounts. In addition, Participants agree to the Event, sponsor or charity beneficiaries storing copies of such photo images or video footage.
7.3 The Event Organiser may also use details of the Applicant and Participants to send information about future Events which it thinks may be of interest to them.
7.4 The Event Organiser will use reasonable endeavours to provide an Event finish time for Participants however it cannot be held responsible for any computer result anomalies or any technical malfunctions.
7.5 Results and prize giving are based on the information provided on the Entry Form.
7.6 The Event Organiser may contact the Applicant and Participants from time to time about the Event and related activity. Details of the Applicant and Participants may also be passed onto the official Event photographers in order for them to email the Applicant and Participants regarding photos after the Event. They will not make contact about anything other than Event photos. The Event Organiser will not pass personal details onto any other third parties without appropriate consent on the Entry Form (or similar).
8 CHARITY PLACES
8.1 If Participants are taking part to raise money for a charity they should not start any fundraising until the Applicant has received a confirmation further to submission of an Entry Form.
8.2 By opting to run for a charity during the entry process the Applicant and the Participants consent to the Event Organiser making their contact details available to the charity concerned.
9.1 These Conditions constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to the Event.
9.2 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.
9.3 If any provision of the Agreement is invalid or unenforceable, in whole or in part, the validity of the remainder shall not be affected.
9.4 These Conditions shall be interpreted in accordance with the laws of Scotland and any dispute arising hereunder shall be subject to the exclusive jurisdiction of the Scottish Courts.