adidas TERREX Trail Run 2024

Terms and Conditions

Please read the following terms and conditions before you apply to enter the Event. This document sets out the terms on which you agree to participate in the Event. By applying to take part in or by entering the Event, you agree to be bound by these terms and conditions.

1 Definitions and interpretation

1.1 In these terms and conditions (Terms), the following definitions shall apply:

“Administration Costs”

means, where relevant, our reasonable administration costs for organising transfers and deferments in accordance with clause 5 of these Terms and as set out in the Event Schedule;

“Balance”

means those instalments of the Fee you have paid to us less the Deposit and any Administration Costs;

“Deferment Deadline Date”

means the date set out in the Event Schedule by which you may be able to defer your entry;

“Deferment Scale”

means the scale set out in the relevant Event Schedule which sets out the percentage of the Balance you will be entitled to defer if you successfully defer your entry to the next iteration of the event in accordance with these Terms, based on the date by which you apply to defer your entry in the Event;

“Deposit”

means the initial sum of money to be paid to us to secure your position on an Event as set out in the Event Schedule;

“Event”

means the event organised by the Organiser as set out in the Event Schedule;

“Event Date”

the date or dates on which the Event is due to take place, as set out in the Event Schedule;

“Event Rules”

means the event rules which relate to the operation, safety and fairness of the Event which can be found in the Event Schedule;

“Event Schedule”

means the schedule to these Terms which includes specific details about the Event;

“Fee”

means the total entry fee payable by you to us as set out in the Event Schedule;

“Force Majeure Event”

means any condition or event beyond our reasonable control which makes the staging of the Event impossible, impracticable or unsafe and which may include: threats or acts of terrorism or war; riots or other forms of civil disorder; public disaster; epidemic; pandemic disease; fire; explosion; strike or lock-out; national grid or local grid failure; absence of power or other essential services; failure of technical facilities; Royal demise or national mourning; any act, order, rule or regulation of any court, government agency or public authority; acts of God; earthquake; rare or unpredictable weather; adverse weather conditions; or the stopping of the Event by the police or by the fire service;

“Instalment Dates”

means the dates for payment of the instalments, as set out in the Event Schedule, which make up the Fee;

“Kit Requirements”

means the kit requirements for the Event as set out in the Event Schedule;

“Participant Declaration”

means the declaration that participants must agree to upon entering the Event as set out in the Event Schedule;

“Prize Money”

means any applicable prize money for the Event as set out in the Event Schedule;

“Transfer Deadline Date”

means the date set out in the Event Schedule by which you may apply to transfer your entry in the Event and apply to receive a refund of the Balance;

“Transferee”

means the person to whom you have transferred your entry where permitted in accordance with clause 5 of these Terms;

“We” or “Us”

means Ourea Events Limited (t/a Ourea Events), a company registered in England and Wales with registered company number 07631097 whose registered office is Bleaze Farm Units, Old Hutton, Kendal, LA8 0LU; and

“You” or “Your”

means an individual entered into the Event.

1.2 References to the word “include” or “including” or any similar term are not to be construed as implying any limitation.

2 Event Rules

2.1 Our Event Rules are expressly incorporated into these Terms. You must read and understand these rules before applying to enter the Event and you must comply with these rules at all times during the Event.

2.2 You acknowledge that, due to the nature of the Event, we may consider it necessary to change the Event Rules after you apply to enter the Event, on the Event Date or during the Event itself. We will make all reasonable efforts to ensure that you are notified of any changes to the Event Rules in writing or in person at the Event.

2.3 We may, in our absolute discretion, prevent you from taking part in, or disqualify you from, the Event where you do not comply with the Event Rules.

2.4 If there is any conflict between the Event Rules and these Terms, these Terms will apply.

3 Fee

3.1 In order to participate in the Event, you must pay the Fee in full or, where instalment payments are permitted, pay each instalment on or before the Instalment Dates set out in the Event Schedule. Where you fail to make payment in accordance with this clause 3.1, you will not be able to participate in the Event and you will not be entitled to a refund of any amounts already paid to us.

3.2 Where you apply for a transfer of entry in accordance with clauses 4 and 5 of these Terms, we will only refund an amount equivalent to the instalments you have paid at the time you request such a transfer less any permitted deductions.

3.3 A full and comprehensive summary of the Event is contained on the Event website.

3.4 You understand that the Fee covers only the cost of your entry into the Event and that it is your responsibility to understand what other additional costs, including travel and own equipment costs, will be payable by you.

3.5 The Fee (including any Deposit) will not be refunded other than as set out in these Terms. In particular, you will not be refunded where you are in breach of these Terms and we prevent you from taking part or disqualify you from the Event.

4 Cancellation, rescheduling, or relocating of the event

4.1 Where a Force Majeure Event occurs, we may where we consider it appropriate cancel, reschedule or relocate the Event. In such circumstances we will use reasonable endeavours to inform you of such cancellation, rescheduling or relocation by email using the contact details you provide on entry into the Event. Where, given the timing of the Force Majeure Event, it is not practicable to provide you with email notice, we will use reasonable endeavours to provide other methods of notice including mobile phone, text message, television and radio broadcasts.

4.2 Where we cancel the Event as a result of a Force Majeure Event (and we are not able to reschedule or relocate the Event), we will transfer your entry to the next scheduled iteration of event organised by us (at no cost to you). If you do not want your entry to be transferred to this next iteration of the Event, please let us know by the date set out in our written notice to you and we will refund the Fee to you as soon as reasonably practical. If we have not heard from you by the deadline given, we will be entitled to assume your entry has transferred to the new event.

4.3 Where the Event is rescheduled due to a Force Majeure Event we will transfer your entry to the rescheduled event (at no cost to you). If you do not want your entry to be transferred to the rescheduled Event, please let us know by the date set out in our written notice to you and we will refund the Fee to you as soon as reasonably practical. If we have not heard from you by the deadline given, we will be entitled to assume your entry has transferred to the rescheduled.

4.4 Where the location of the Event is changed due a Force Majeure Event (or otherwise), we will assume that you are able to attend the Event in the new location where this is located within a reasonable distance from the original location. Where the location of the Event has to be significantly moved, we will also assume that you will be able to attend the Event at the new location. However, if you are unable to attend the Event at the new location, please let us know by the date set out in our written notice to you and we will refund the Fee to you as soon as reasonably practical. If we have not heard from you by the deadline given, we will be entitled to assume you will attend at the revised location.

4.5 Please write to us using the contact details set out in clause 19.11.

4.6 We will not be liable for any failure to perform our obligations under these Terms where such failure is caused by a Force Majeure Event.

4.7 We will not be liable for any incidental costs incurred by you, including travel, accommodation and/or any similar costs where the Event is cancelled, rescheduled or reallocated due to a Force Majeure Event.

5 transfers and defermentS

5.1 You may submit a written request to transfer your entry to a Transferee. We will accept such request at our absolute discretion but subject always to the following:

(a) the transfer request must be received by us before the Transfer Deadline Date;

(b) the Transferee must meet any relevant requirements notified by us to you and the Transferee;

(c) the Transferee must comply with these Terms and the Event Rules;

(d) the Transferee matches the Fee (or the instalments paid by you to date) and agrees to pay any outstanding instalments in accordance with the Event Schedule;

(e) where such transfer request is accepted, we will refund the Balance to you within 30 days of receipt of the Transferee’s Fee in full; and

(f) you understand and accept that we have no responsibility to find a replacement participant.

5.2 You acknowledge that where the Balance (or the instalments paid by you to date) is returned to you in accordance with clause 5.1 of these Terms, this will not include the Deposit (which is non-refundable and is non-transferable) and Administration Costs will be deducted.

5.3 Where set out in the Event Schedule, you may submit a written request to defer your entry to the next iteration of the event, we will accept such request at our absolute discretion but subject always to the following provisions:

(a) you must have already paid the Fee for the Event in full;

(b) the deferment request must be received by us before the Deferment Deadline Date; and

(c) the deferment may only be carried forward for the next iteration of the Event and cannot be deferred further; and

(d) the percentage of the Balance to be deferred will be as set out in the Event Schedule and you may therefore be required to pay additional sums to take part in the later Event.

6 Our obligations

6.1 We have an obligation to you to ensure that the Event is as safe as possible without diminishing the nature of the challenge. However, you acknowledge that your safety is ultimately your personal responsibility.

7 Event safety

7.1 You acknowledge and accept that the Event is a potentially hazardous activity and that your participation in the Event may result in serious injury, disablement and/or death to yourself or others.

7.2 You confirm that you are entering the Event voluntarily and that you accept the risks associated with your participation in the Event.

7.3 By entering the Event you declare that you are physically fit and healthy enough to participate in the Event. It is your responsibility to declare any medical conditions or injuries that we should be aware of.

7.4 It is your responsibility to ensure you have the necessary experience and capability to undertake the Event without endangering yourself or others. By entering the Event you confirm that you have such necessary experience and capability and that you are experienced enough to make a reasoned decision as to whether to participate (and continue to participate) in the Event and that you will not do so where this may jeopardise your own or another participants’ safety.

7.5 We may prevent you from taking part at any time should we, in our absolute discretion, decide that you are not adequately experienced for the Event or, upon receipt of medical evidence, we decide that you are not fit to take part in the Event.

7.6 You are responsible for your own actions, safety and any injury sustained by you during the Event subject to any exclusions set out in clause 12.1.

7.7 You agree that when an Unmanned Aerial Vehicle (UAV) is in use during the Event, you will follow the instructions of the pilot at all times.

7.8 You agree to provide any information reasonably requested of you including in relation to Event logistics within the time frame set by us. Failure to provide any necessary information in such time frame may mean that: you may not benefit from the relevant service; and/or you may not be able to take part in the Event.

7.9 Because of the remote nature of the Event, it may not always be possible to provide mains drinking water. We will try to let you know where drinking water is generally available, but you will be responsible for sourcing any drinking water you require (and assessing the suitability of any water for drinking).

7.10 If you refuse to retire from the event upon receiving a specific instruction to do so as authorised by Race Control on behalf of the race Organiser, you will pay a fee of maximum £1,000 per hour (or part hour) that you continue against this instruction until such time that you are formally retired from the event’s safety management systems.

8 Medical care

8.1 You agree to complete the Event’s medical survey accurately and honestly and within any time frame specified by us. You understand that failure to complete such survey will result in the cancellation of your entry.

8.2 Both professional and volunteer doctors work at our events. Each doctor is qualified and practices under English law and English jurisdiction and holds their own professional indemnity insurance. Each participant must understand that each doctor’s insurance provides that any claims brought in respect of negligent treatment must be brought under English Law and in English.

9 Insurance

9.1 You acknowledge that it is your responsibility to obtain appropriate insurance to cover your participation in the Event (and any loss, or injury which may occur as a result of such participation).

9.2 You are strongly advised to take out insurance to cover your participation in the Event (which could cover repayment of your entry Fee should you be unable to participate and any medical expenses you may incur).

10 Your clothing and equipment

10.1 You must always observe the Kit Requirements when participating in the Event. It is your responsibility to ensure that you have appropriate clothing and equipment. We may, in our absolute discretion, prevent you from taking part in, or disqualify you from, the Event where you do not have appropriate clothing and equipment. Kit Requirements may change before the start of any Event and you are required to ensure you have the equipment and clothing set out in the latest version of the Kit Requirements prior to starting the Event.

10.2 We accept no liability for any loss, theft and/or damage to your clothing or equipment in connection with the Event, including where your clothing and equipment is transported and stored as part of the Event.

10.3 We may keep any clean lost property for up to seven days after the Event. Wet, soiled and/or dirty lost property will not be kept. The cost of postage to return an item of lost property is payable by you before we return such item. We may dispose of any unclaimed lost property at our absolute discretion if this has not been claimed within seven days following the relevant Event.

11 Our equipment

11.1 Where we issue any equipment to you, you will be responsible for such equipment. Where you lose such equipment or it is damaged whilst in your possession, for whatever reason, you must promptly pay to us the full replacement cost of such equipment.

11.2 Where you lose or damage any electronic timing devices issued by us to you, you will be charged for its replacement in accordance with the Event Schedule.

11.3 Where you lose or damage the GPS Tracker issued by us to you, you will be charged for its replacement in accordance with the Event Schedule.

12 Waiver, liability and indemnity

12.1 Provided that nothing shall limit or exclude our liability: for fraud; for death or personal injury caused by our negligence; arising from a deliberate breach of these terms by us; or any other liability to the extent the same may not be excluded or limited as a matter of law you:

(a) assume the risks of participating in the Event and, waive, discharge and release us, our officers, employees and contractors from any and all liability, including but not limited to, liability arising from your death, disability, personal injury, property damage, property theft, or actions of any kind which may occur during or in connection with the Event, including during travel to and from Event;

(b) consent to receiving medical treatment which may be deemed necessary in the event of injury, accident, and/or illness during the Event, and neither we, nor our officers, employees or contractors, shall be liable for such treatment;

(c) agree that we shall not be liable for any loss of actual or anticipated income or profits, loss of contracts or for any special, indirect or consequential loss or damage of any kind howsoever arising and whether such loss or damage arises under: tort (including negligence); contract; breach of statutory duty or otherwise, and whether or not such loss or damage is foreseeable, foreseen or known;

(d) agree that our maximum aggregate liability under or in connection with these Terms whether such claim arises in: contract; tort (including negligence); breach or statutory duty; or otherwise shall in no circumstances exceed a sum equivalent to the total amount of the Fee paid by you at the date such action or claim arises.

12.2 You shall indemnify and keep us, our officers, employees and contractors indemnified against, all liabilities, costs, expenses, damages and losses (including reasonable legal and other professional costs and expenses) suffered or incurred by us, our officers, employees and contractors arising out of or in connection with your participation in the Event and/or any breach by you of these Terms or the Event Rules.

13 Data protection

13.1 Please read our privacy policy carefully for a full explanation as to how we use your Personal Data.

14 Recordings

14.1 We may photograph, film or otherwise record you during the Event (including making audio, visual and audio-visual recordings) (Recordings). You hereby consent to us taking such Recordings and give your consent to us to use such Recordings in any way we see fit, in all media, worldwide and in perpetuity. You confirm that no further permission or consents from you shall be required to use such Recordings and you will not be paid for such use.

15 Parking

15.1 You are wholly responsible for assessing the suitability of the car park at the Event and the suitability of your vehicle for accessing and egressing the car park.

15.2 Any vehicle parked in the car park at the Event, and any contents left within vehicles, shall be left at your own risk. We accept no liability whatsoever for any damage or loss to any vehicles or any contents left within vehicles, however caused.

16 Anti-doping controls

16.1 We may impose any anti-doping controls that would be considered fair and reasonable by international standards on any participant at the Event. You agree to comply with those anti-doping controls. We will set out in the Event Rules where anti-doping controls will be in force.

16.2 A positive anti-doping test result, or a refusal to fully cooperate with anti-doping controls, shall result in your disqualification from the Event. In such circumstances, you shall not be eligible for any Prize Money, your name shall be deleted from the Event results, and you may be subject to legal proceedings by the relevant anti-doping authority, sport governing body or any other relevant party.

17 Prize money

17.1 Where applicable, any prize money for the Event will be set out in the Event Schedule.

17.2 Where you win Prize Money, you will provide upon request, a VAT invoice in respect of any Prize Money won.

17.3 Such Prize Money will be paid in accordance with all applicable rules and regulations, within 48 hours of the final day of the Event and in the currency specified in the Event Schedule.

17.4 If any withholding tax or other taxes are required to be deducted from the Prize Money, then we will be entitled to make such deduction and will provide you with full details of such deductions. In any event, you will be responsible for payment of all taxes and deductions (including corporation tax, income tax, national insurance and equivalent taxes anywhere worldwide) from and in respect of the Prize Money and you shall indemnify us, our officers, employees and contractors against any loss or liability arising from such tax deductions or any failure by you to pay any taxes or other deductions payable on such sums.

17.5 Where you are disqualified from the Event for any reason, you will not be entitled to win such Prize Money and any relevant Prize Money which would have been due to you will be awarded to the next fastest participant. Where you are disqualified from the Event after the award of the Prize Money you will promptly refund the Prize Money paid to you by us.

18 Participant declaration

18.1 Our Participant Declaration is expressly incorporated into these Terms. You must read and understand this declaration before applying to enter the Event and you must abide by this declaration at all times during the Event.

19 General

19.1 If you do not comply with or otherwise breach these Terms or Event Rules (i) we will disqualify you from the Event and you shall not receive a refund on any part of the Fee; and (ii) we also reserve the right to exclude you from participation in any future events we organise.

19.2 These Terms are subject to change in relation to future events. All changes shall be published on our website and we advise you to review these carefully before signing up to any additional events.

19.3 The nature of the Event is described on the Event website; however, you acknowledge and accept that the duration, distance, height gain, support points, checkpoint locations, cut-off times and course closure times are subject to change.

19.4 If any court or competent authority finds that any provision of these Terms is invalid, illegal or unenforceable, that provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected. If any invalid, unenforceable or illegal provision of these Terms would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

19.5 A waiver of any right or remedy under these Terms is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. No failure or delay by us to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

19.6 These Terms constitute the entire agreement between us both and supersede all previous agreements, promises, assurances, warranties, representations and undertakings between us, whether written or oral relating to its subject matter.

19.7 Nothing in these Terms is intended or shall be construed as establishing or implying any partnership, joint venture or agency of any kind between us both. You agree that you shall have no authority to act in our name or otherwise bind us in any way.

19.8 All sums set out in these Terms are expressed inclusive of VAT.

19.9 These Terms do not confer any rights on any person or party (other than the parties to these Terms) under the Contracts (Rights of Third Parties) Act 1999.

19.10 These Terms shall be governed by and construed in all respects in accordance with the law of England and any disputes relating to or arising from these Terms or the Event shall be subject to the exclusive jurisdiction of the English courts.

19.11 Any notices from you should be addressed to Ourea Events via:

• Email: please use our contact form; or

• Post: Ourea Events, Bleaze Farm, Old Hutton, Kendal, LA8 0LU