TERMS & CONDITIONS
The Nuts Challenge Ltd
i. Definitions: “Participant” means a person entering the nuts challenge event.
i. Organiser’s release of liability in consideration for being permitted to participate in the Nuts Challenge, the Participant hereby waives, releases and forever discharges, for himself, his heirs, executors, administrators and legal representatives, any and all rights and/or claims which the Participant may have against The Nuts Challenge ltd, its officers, directors, employees, consultancy, Land owners or leases, Ford Farms, Henfold lakes, Camelot Events Ltd and agents for any and all damages and/or claims which may be sustained by him directly or indirectly arising out of his participation in The Nuts Challenge event (including the application of emergency or medical services at The Nuts Challenge event. Further, the Participant covenants not to take any action against The Nuts challenge ltd , its officers, directors, employees, consultants, agents for any and all damages and/or claims which may be sustained by the Participant directly or indirectly arising out of his participation in The Nuts Challenge event. This release and discharge includes, but is not limited to, claims for property damage, economic loss, breach of contract, lost wages, contribution indemnity, other indemnities, punitive damages, or any other legally recognisable claim arising out of the Participant’s participation in The Nuts Challenge event (including all legal costs associated with such claims).
ii. The Participant hereby agrees to indemnify The Nuts Challenge ltd, its directors, officers, employees and consultants against any and all claims, lawsuits and causes of action whatsoever or howsoever arising and brought against them by any third party as a result of the Participant’s actions and/or participation in The Nuts Challenge Event, including without limitation, the violation of any laws or regulations by the Participant or the Participant’s breach of these Terms and Conditions of Entry.
3. Event rules, regulations and advice.
i. For reasons of fairness, safety and responsibility the Participant is expected to abide by the following rules and regulations as laid out by The Nuts Challenge ltd. Ignorance of these rules and regulations shall be regarded as no excuse and failure to comply with these rules and regulations may lead to penalties or disqualification from The Nuts Challenge event.
ii. General Rules
Please at all times show respect for the environment, landowners, local communities and other recreational users.
a. Recommended kit for winter: Base layers, Light Wet suit, gloves, Hat, wind proof top, water proof socks and foot wear with a good grip, no spikes.
b. Notify our 1st aid post (at registration) of any significant medical history
c. All participants/team-members are responsible for wearing their timing chip in the correct manner and of its loss read paragraph 11.
d. Do not stray off the course or enter out-of-bounds areas
e. Stop and assist any competitors in need of medical attention and alert a safety marshal ASAP
f. Ensure any injured competitor in proximity to you is adequately provided for, before continuing
g. Co-operate with The Nuts Challenge event Officials at all times. Weather conditions may affect some stages and lead to course variations. In the case of electric storm conditions, the race could be held up or postponed
i. The Nuts Challenge Director’s decision is final
4. Safety – General
i. You are expected to be able to look after yourself and your team-mates. In an emergency, attract attention using physical contact, a whistle or voice and raise the alarm to other participants. There will be first-aiders in attendance throughout the event. In the event of a true emergency, the first port of call should be 999/112 or follow any emergency protocol specifically issued for The Nuts Challenge event. There will be event safety staff on the course with radios and/ or phones. In addition, participants are expected to go to the aid of anyone in need of medical attention and alert a marshal.
ii. You declare that you are physically fit and healthy enough to take part in activities during the nuts challenge event.
5. Acceptance of Terms & Conditions of Entry
i. The Participant understands that failure to comply with the terms and conditions listed here may, at the sole discretion of The Nuts Challenge ltd, result in your disqualification from The Nuts Challenge event
6. Hazards & Risks and Compliance
i. Compliance: It is the sole responsibility of the Participant to comply at all times during The Nuts Challenge event with all applicable laws, byelaws and regulations of the United Kingdom, including without limitation, and laws relating to the possession or use of alcohol, drugs or other prohibited substances.
ii. The Participant acknowledges and understands that The Nuts Challenge event is a potentially hazardous obstacle course event. The Participant acknowledges and accepts that participation in an event such as The Nuts Challenge event is potentially dangerous and that there are numerous risks associated with a participation. Such risks and dangers include, but are not limited to: other participants, fixed or moving objects. Further, the Participant fully understands and accepts that his participation in The Nuts Challenge event may result in serious bodily injury and/or death to yourself or others. The Participant further acknowledges and accepts that the route that The Nuts Challenge event will take place on, is rough uneven terrain and water upon which pose travelling hazards and risks of drowning. Further, the Participant accepts that participation in The Nuts Challenge event will result in strenuous physical exertion as participants will be required to be active for a very long period of time, including the risk of being active through very cold weather.
iii. The Participant enters The Nuts Challenge event voluntarily and with full knowledge and understanding of the risks associated with participation in The Nuts Challenge event. The Participant is strongly advised to take every reasonable precaution and in the case of any questions is advised to contact The Nuts Challenge ltd prior to the Event.
iv. The Participant declares that he voluntarily enters the nuts challenge event with full knowledge and understanding of the risks associated with the participation in the the nuts challenge Event. Insurance The Participant acknowledges and understands that it is his personal responsibility to arrange for insurance cover for the Event if the Participant wishes to be covered by insurance. The nuts challenge ltd will not provide insurance cover for Participants in the Event. By agreeing to the declaration on the Event Entry Form, the Participant accepts that the nuts challenge ltd has made this clear to the Participant in advance of the Event.
7. Participant’s Property during Event
i. The acquisition of essential equipment, including specific safety equipment, in order to take part in the the nuts challenge Event is the responsibility of the Participant and the nuts challenge ltd strongly advises that these acquisitions are secured before entering the Event.
ii. The Nuts challenge ltd accepts no responsibility for the loss of, theft, or damage to any property owned by or under the control of the Participant.
iii. We regret that we will not be able to provide any refunds having entered the event. This policy is non-discriminatory and does not take account of any individual circumstances in order for fairness and clarity.
iv. If the Event has had to be cancelled in advance of its taking place entry fees will be transfer to the next challenge. Refunds can be issued in full by the nuts challenge ltd upon written request. All such requests must be sent to the nuts challenge by recorded delivery post to the address below. Refunds shall be paid within 30 days of the written request by the nuts challenge ltd and shall be made by company cheque from The Nuts Challenge Ltd payable to the individual Participant requesting the refund. These refunds shall be made to the person requesting the refund only.
v. An entrant may not switch their entry to a friend.
vi. An entrant may not switch their entry to the following Nut Challenge event unless the event has to be postponed
vii. The Nuts challenge ltd refund policy is subject to change at the discretion of the Director and any such changes are published on the website.
viii. The terms and conditions of this refund policy do not affect the Participant’s statutory rights as a consumer.
8. Organiser’s Event Equipment
i. Where equipment is provided to the Participant by the nuts challenge ltd, all reasonable care is expected to be exercised by the Participant in relation to this equipment. If it can be seen that the Participant wilfully or maliciously damages equipment or where negligence has been shown in the care of such equipment, the Participant hereby accepts that the nuts challenge ltd has the right to charge the Participant for the cost of replacing the equipment.
ii. Where timing equipment are issued to the Competitor to wear during the nuts challenge event, the Organiser expects these to be returned as soon as the event has finished . Where they are not returned, the Participant hereby agrees to reimburse the nuts challenge ltd for the replacement value of £15.00
9. Image Rights
i. By participating in the Event the Participant consents to being photographed and/or to be included in the filming of imagery recording the Event and/or to be included in sound recordings of the Event. The Participant hereby waives any and all rights of publicity or privacy and hereby grants to the Organiser the sole, full and complete permission and authority to utilise and exploit the participant’s appearance in the Event in any and all manners and media throughout the world in perpetuity without the need for any further approvals from the Participant.
ii. The Participant further agrees that the nuts challenge ltd has the sole discretion to use or refuse to use any Event photographs or sound or media recordings in which the Participant appears, and that if the Organiser may use or edit such sound or imagery at his sole discretion and as he thinks fit. Subject to any restrictions of privacy imposed by law, the Participant hereby consents to the use of his name, image, likeness, voice and any biographical material about him in connection with any and all footage of the Event, publicity and related promotional material of the nuts challenge ltd and for any and all publicity and promotional purposes.
iii. The Participant expressly waives any claims against the nuts challenge ltd (including their directors, officers, agents, employees, consultants, licensees and assignees) in relation to any issues concerning the invasion of privacy, defamation or any other cause of action whatsoever arising out of the production, distribution, sale, broadcast or exhibition of Event imagery or sound and/or any promotional materials relating to the Event.
10. Personal Film
i. The Participant is welcome to take photographs and film footage of his participation in the nuts challenge ltd for non-commercial purposes (that is for personal and private use only). The Participant is not permitted to reproduce or use photographs or footage of the nuts challenge ltd on any website, in any printed media or matter or in any television programme without first obtaining the prior written consent of the Nuts challenge ltd. The Participant hereby agrees to assign (by way of present assignment of future copyright) to the Nuts challenge ltd all his rights, title and interests in the world-wide copyright and all intellectual property rights in such reproduced or used photographs or footage in perpetuity together with exclusive world-wide rights of exploitation thereof.
11. Event Numbers
i. The Participant agrees that he must wear at all times during the Event the event number supplied by the nuts challenge ltd and to keep it clearly visible at all times during the nuts challenge event. The event number must not be altered or defaced in any way before or during the course of the Event. Failure to comply with these requirements will result in instant disqualification from the nuts challenge event. The Participant is not allowed to affix any other branding materials in any shape or form to his race number, however temporary.
12. Force Majeure
The Nuts Challenge is not liable for failure to perform the company’s obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or telephone service. No party is entitled to terminate this Agreement (Termination) in such circumstances.
The Nuts Challenge Ltd
31 St Georges Terrace