Terms and Conditions - Skyline Scotland

Terms and Conditions

1.    Definitions

1.1    The “Organiser” means Ourea Ltd (trading as Ourea Events) whose registered office is 32 Garden Road, Kendal, LA9 7ED The Organiser may also be referred to as “we” or “Ourea Ltd”.

1.2    The “Participant” means an individual entered into or attending the Event. The Participant may also be referred to as “you” or “competitor”.

1.3    “Event” means the event organised by Ourea Ltd.

1.4    “Fee” means the entry fee payable by the Participant to the Organiser in consideration of their participation in the event.

2.    Entry Policy

2.1    When the Participant pays their entry Fee they are agreeing to enter the Event and to be bound by these Terms and Conditions.

3.    Cancellation by the Organiser

3.1    The Organiser may cancel the Event due to Force Majeure (unpredictable events beyond their reasonable control including, without limitation, natural disasters, war, civil or political unrest, terrorism and extreme weather). Under these circumstances, Participants’ entry fees will be refunded, less a contribution to costs already incurred by the Event.

3.2    If the Organiser needs to change the date of the Event, no refunds shall be given if the Organiser provides the Participant at least 90 days’ notice.

3.3    If the Organiser changes the location of the Event no refund shall be given if the location is within 50 miles of the original Event location.

3.4    The Organiser may cancel the Participant’s entry at any time should the Organiser deem that the Participant’s experience is not adequate and/or suitable for the Event and/or the Participant has overstated and/or misrepresented their experience on the entry information.

3.5    The Organiser may cancel the Participant’s entry should, upon presentation of any medical information by the Participant, it be deemed by the Organiser that the Participant is not fit and healthy enough to participate in the Event. The Participant acknowledges that the medical representative of the Organiser may recommend to the Organiser that the Participant is unable to enter or continue with the Event at any time, before and/or during the Event.

3.6    In the event of cancellation by the Organiser, the Organiser will not be liable for any costs incurred by the Participant, including (but not limited to) travel, accommodation and/or other costs.

4.    Cancellation by the Participant

4.1    Participants' entries are subject to the following refund, deferment and transfer deadlines where applicable:

Refund deadline - No refunds for this event

Deferment deadline - No deferments for this event

Transfer deadline- Thursday 7th September 2017

5.    Transfer of Entry by the Participant

5.1    Participants may transfer their entry to a friend/family/club mate themselves using the SI Entries online system, except when the Event is subject to vetting by the Organiser, in which case the Participant will need to contact the Organiser who will then vet the proposed replacement.

5.2    In the event of the Participant transferring their entry, the entry fee will not be refunded. Under such circumstances the original Participant (called the ‘Entry Owner’ on the SI Entries online entry system) assumes all liability for ensuring, without limitation, that the substitute Participant has a) read the Terms and Conditions, b) agreed to Terms and Conditions, c) is fully aware of the nature of the event that they are entering, and d) has the correct experience to safely participate in the Event. The original Participant indemnifies the Organiser, its officers, employees, directors, consultants, agents and Event sponsors against all and any claims brought against them as a result of the substitute Participant’s actions.

5.3    In the event that the Organiser has a waiting list for an Event, it will NOT be possible for the Organiser to match Participants wishing to transfer their entry with potential Participants on the waiting list. It is the Participant’s responsibility to find someone suitable to take their place in the Event.

5.4    After a certain date (specified in point 4.1 above), no further transfers will be accepted and it will not be possible for Participants to edit their entry details on the SI Entries online entry system.

6.    Deferment of Entry by the Participant

6.1    Participants may not defer their entry.

7.    Nature of the Event

7.1    The nature of the Event is described on the Event website. However, the Participant acknowledges that the description of the Event may not include accurate final details such as duration, distance, height gain, support points and checkpoint locations. The Organiser retains the right to change and amend any details of the event so long as the nature of the Event remains the same.

8.    Organiser’s Obligation

8.1    The Organiser has an obligation to ensure that the event is as safe as possible without diminishing the nature of the challenge. However, Participant safety is ultimately each Participant’s personal responsibility.

9.    Participant Acknowledgement of Risk

9.1    The Participant understands and acknowledges that the Event is a potentially hazardous activity and that participation in the Event may result in serious injury, disablement and/or death to the Participant or others. The Participant accepts that there are a multitude of different risks associated with their participation in the Event.

9.2    The Participant is responsible for their own actions, safety and any injury sustained during the Event. The Participant is experienced enough to make a reasoned decision about whether to participate in the Event or to retire from the Event rather than jeopardise their own or other people’s safety.

9.3    The Participant enters the Event voluntarily and with full knowledge of the nature of the challenge presented by the Event.

10.    Participant Waiver

10.1    The Participant hereby waives any and all rights and/or claims they may have against the Organiser, its officers, employees, directors, consultants, agents and Event sponsors for any damages and/or claims that may arise directly or indirectly from participation in the Event.

10.2    The Participant covenants to take no action against the Organiser, its officers, employees, directors, consultants, agents and Event sponsors for any damages and/or claims sustained by the Participant arising directly or indirectly from participation in the Event.

10.3    The Participant indemnifies the Organiser, its officers, employees, directors, consultants, agents and Event sponsors against any claims brought against them by any third party that result directly or indirectly from participation in the Event.

11.    Insurance

11.1    The Participant acknowledges that it is their responsibility to obtain insurance cover for their participation in the Event and they also acknowledge that the Organiser does not provide insurance cover for the Participants in the Event.
Participants are strongly recommended to take out appropriate insurance that covers their participation in the Event and repayment of their entry Fee should they be unable to participate.

12.    Participant Health

12.1    The Participant declares that they are physically fit and healthy enough to participate in the Event. It is the Participant’s responsibility to declare any medical conditions or injuries that the Organiser should know about.

13.    Image Rights

13.1    Photography, film, video and sound recordings of the Participant may be taken during the Event and the Participant consents to be filmed and/or photographed and/or included in sound recordings of the Event.

13.2    The Participant agrees to waive any and all rights to any photography, film, video and sound recordings that features the Participant and hereby grants the Organiser sole and complete permission and authority to utilise in the full any photography, film, video and sound recordings that features the Participant in all manners and media worldwide in perpetuity. No further permission from the Participant is required.

13.3    The Participant agrees that when an Unmanned Aerial Vehicle (UAV) is being used that they will follow the instructions of the pilot in all safety matters.

14.    Parking

14.1    Participants’ vehicles including their contents are parked at the Participant’s own risk and no liability whatsoever is accepted for any damaged however caused to Participant’s vehicles whilst accessing and/or egressing the car park, or whilst parked in the car park. The Participant remains wholly responsible for assessing the suitability of the car park and the suitability of their vehicles for accessing and egressing the car park.

15.    Participant’s Clothing & Equipment

15.1    Participants must at all times during the Event wear or carry the mandatory clothing and equipment listed on the website. It is the Participant’s sole responsibility to acquire the correct specialised clothing and equipment and, at the sole discretion of the Organiser, Participants without the correct clothing and equipment will be prevented from participating in the Event and maybe subject to disqualification from the Event.

15.2    The Organiser accepts no responsibility for any loss, theft and/or damage to the Participant’s clothing and equipment whilst they participate in the Event and/or are present at the Event. This includes the transport and storage of equipment even when that is an element of the Event.

15.3    The Organiser may keep Participants' lost property for up to seven days after the event, but only if it is clean. Wet, soiled and/or dirty lost property is not kept. The cost of postage to return an item of lost property is payable by the Participant.  Seven days after the Event, the Organiser will dispose of any unclaimed lost property at their discretion.

16.    Organiser’s Equipment

16.1    The Participant must take all reasonable care of the Organiser’s equipment and any willful and/or malicious damage and/or damage caused through the Participant’s negligence or neglect will result in charge to the Participant by the Organiser. The Participant acknowledges and confirms that the Organiser has the right to charge the Participant for the full replacement cost of the equipment.

16.2    Participants are responsible for their SPORTident ‘Dibber’ and/or other electronic timing devices when issued to the Participant by the Organiser. Any loss or damage will result in a £30.00 charge to the Participant.

16.3    Participants are responsible for their GPS Tracker when issued to the Participant by the Organiser. Any loss or damage will result in a £400.00 charge to the Participant.

17.    Communications

17.1    By entering the Event the Participant consents to receiving essential Event specific communications from the Organiser by email, phone and text message. The Participant is unable to unsubscribe from these communications.

17.2    By entering the Event the Participant consents to receiving marketing communications from the Organiser by email about this Event, and other Events arranged by the Organiser.  The Participant can unsubscribe from these communications at any time.

18.    Event Rules

18.1    The Participant agrees to abide by the Event Rules published in the Details section of this website at all times during the Event.

19.    Changes to Terms and Conditions

19.1    These Terms and Conditions are subject to change at the sole discretion of the Organiser and such changes shall be published on this website. The Participant is advised to check the Terms and Conditions regularly.    

20.    Statutory Rights

20.1    These Terms and Conditions do not affect the Participants statutory rights as a consumer.