Online Booking Terms and Conditions
By completing and submitting an Online Registration Form (as defined below) the Participant (as defined below), agrees with the Event Organiser (as defined below) that they have read, understood, and agree to be bound by the following terms and conditions ("Terms").
1 Definitions and Interpretation
The words and expressions set out below shall, save where the context otherwise requires, have the following meanings in these Terms:
"Agreement" means the agreement entered into by the Event Organiser and Participant as set out in the Online Registration Form and the Online Confirmation, together with these Terms;
"Event" means the race organised by the Event Organiser and known as the "Boutique Run" over the distance of 5km or 10km (as selected by the Participant), in which the Participant participates, to be held on the Event Day in Battersea Park, London;
"Event Day" means 9 July 2011;
"Event Organiser" means Limelight Sports Group being a company registered in England and Wales with company registration number 03700632 and whose registered office is at c/o Cox Costello & Horne, Langwood House, 63-81 High Street, Rickmansworth, Hertfordshire, WD31EQ;
"Event Partner" means those third parties who are official Event partners and/or sponsors;
"Fee" means the total fee payable to register for the Event, as detailed on the Online Registration Form inclusive of VAT or any other applicable tax payable by each Participant upon completion and submission of the Online Registration Form;
"Online Confirmation" means the email confirmation sent by the Event Organiser to the Participant at the email address provided by the Participant on the Online Registration Form confirming their registration for the Event;
"Online Registration Form" means a registration form provided by the Event Organiser and completed and submitted either by the Participant or on behalf of the Participant on the Website in order to participate in the Event;
"Participant" means the person named on the Online Registration Form;
"Website" means www.boutiquesport.com;
1.2 Unless the context otherwise requires words denoting the singular shall include the plural and vice versa and words denoting any one gender shall include all genders and words denoting persons shall include bodies corporate, unincorporated associations and partnerships.
1.3 References to any statute shall include references to such statute as it may after the date of this Agreement from time to time be amended, supplemented or re-enacted.
1.4 Any reference to a clause shall be deemed to be a reference to a clause of this Agreement.
1.5 Words denoting the singular number shall include the plural number and vice versa.
1.6 The headings in this Agreement are inserted for convenience only and shall not affect its construction.
1.7 The words "include(s)" or "including" are not to be treated as a word of limitation.
2 Event Registration
2.1 The Event is partially or wholly sponsored, produced, directed, organised, conducted or paid for by the Event Organiser.
2.2 Only women aged 18 years or above on the Event Day may register for the Event.
2.3 To register for the Event the Participant must complete the Online Registration Form and pay the Fee in accordance with clause 3 below. All requests to register for the Event are subject to acceptance by the Event Organiser, and such acceptance will be confirmed to the Participant by the Event Organiser sending the Online Confirmation to the Participant. The Participant will only receive an Online Confirmation after a validly completed Online Registration Form has been received by the Event Organiser and the Fee is received in cleared funds. The relevant date for registrations shall be the date the Participant receives the Online Confirmation.
2.4 Online Registration Forms will not be accepted once the Event has reached its full capacity of 5,000 Participants or earlier/such lower number as determined by the Event Organiser. Applications are processed on a first-come first-served basis in accordance with the rules set out in these Terms and Conditions, or at the sole discretion of the Event Organiser. The Event Organiser is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer/internet transmissions or other errors or malfunctions of any kind which may prevent receipt by the Event Organiser of an Online Registration Form
3.1 In consideration of the provision of a participation place in the Event, the participant agrees to pay the Fee in the amount and manner as specified in the Online Registration Form.
3.2 The Participant acknowledges and agrees that its obligation to pay the Fee in its entirety to the Event Organiser arises upon submission of a completed Online Registration Form.
3.3 Payment of the Fee will be taken when the Participant completes and transmits the Online registration form through the secure online payment facility.
3.4 In the event that for any reason the Participant’s completed Online Registration Form is not accepted, the Event Organiser will take the necessary steps to refund any payment received from the Participant as soon as reasonably practicable.
3.5 If payment is rejected or not cleared for any reason, the Event Organiser reserves the right to refuse registration and entry to the Event.
4 Cancellation, Amendment and Refusal of Entry
4.1 No refunds shall be provided should a Participant fail to take part in the Event, for any other reason save in exceptional circumstances as determined by the Event Organiser in their absolute discretion, which for the avoidance of doubt shall not include oversight of diary commitments, not acknowledging the full Event scheduling or holidays.
4.2 The Event Organiser reserves the right to;
4.2.1 change the time, date and/or venue and format of the Event or cancel, delay or postpone the Event, in whole or in part, without notice or liability to Participant. The Event Organiser will not be responsible for any loss arising from any changes to the time, date and/or venues hosting the Event;
4.2.2 refuse entry to the Event (or to disqualify from the Event) or future events organised by the Event Organiser of any Participant;
(a) not wearing their assigned official Event race number;
(b) who is ineligible to participate in the Event (or if participation in the Event should have been refused for any reason);
(c) found to have consumed or to have in their possession any drugs, illegal substances, performance enhancing substances or intoxicants of any kind; or
(d) who, the Event Organiser reasonably believes, not to have complied with these Terms; for the avoidance of doubt, the Fee is non-refundable and non-transferable in respect of the occurrence of any of the events in this clause
4.3. The Event Organiser has no liability for any costs or expenses that may be incurred by a Participant as a result of the occurrence of any of the events in this clause 4.2.
4.4 It is the Participant’s responsibility to check the particulars of the Online Confirmation. In order for any errors to be rectified they must be notified to the Event Organiser within seven days of receipt of the Online Confirmation.
4.5 If at any time it is discovered that any Entrant should have been ineligible or if the Entrant’s proposed participation in the Event should have been refused or rejected for any reason, the Event Organiser reserves the right to disqualify from and/or to refuse such entry at any time. The Event Organiser shall not be liable in any way whatsoever to any Entrant as a result of any such disqualification or refusal.
5 The Event
5.1 Prior to the Event, the Event Organiser will provide the Participant with a race pack containing the following:
5.1.1 an official Event race number;
5.1.2 an Event t-shirt ; and
5.1.3 a digital timing chip with user instructions.
5.2 The race route for the Event will be officially measured by an accredited course measurer using the ‘Jones Counter’ system.
5.3 Participants’ running times at the Event can only be recorded via the digital timing chip correctly secured on the laces of the Participant’s running shoe in accordance with the instructions provided.
5.4 Drink stations will be provided at designated locations on the race route as well as at the finish.
5.5 The Event Organiser will take reasonable steps to assess the safety and suitability of the Event location prior to the Event.
5.6 An appropriate number of first aid and medical personnel will be available at the Event.
6 Participant Obligations
6.1 By entering into the Agreement the Participant acknowledges and agrees as follows:
6.1.1 to abide by the rules, instructions and regulations published and displayed from time to time by the Event Organiser or given on the day of the Event by race marshals, officials and police;
6.1.2 to adhere at all times to the rules and regulations of the host venue whilst at that venue for the purposes of their participation in the Event. Participants are required to behave responsibly, reasonably and professionally at all times whilst participating in the Event including without limitation refraining from behaviour that may offend standards of public morality or decency or which may be illegal.
6.1.3 the official Event Race number is personal to them and accordingly, the participant agrees:
(a) to wear the official Event race number assigned to them; and
(b) not to authorise or permit any third party to use their official Event race number for the Event without the prior written consent of the Event Organiser;
6.1.4 not to bring to the Event or use any drugs, illegal substances, performance enhancing substances or intoxicants of any kind whilst participating in the Event;
6.1.5 that the Event Organiser reserves the exclusive right and licence throughout the world (and, the Participant hereby grants the Event Organiser such exclusive right and licence) to interview and/or photograph and/or film Participants at the Event (or subsequent to the Event as the Event Organiser may reasonably require) and to the unlimited use in all current and future media (including print, audio, audio visual, virtual media, the Internet, mobile telephony and so-called "3-G" technologies, CD-ROM or DVDs) of Participant's name, likeness and image or facsimile image, signature, voice, video and film portrayals and other means of identification of Participant, and any biographical or other information or data related to Participant (including race times and results), in connection with the production, advertisement, marketing or promotion of the Event;
6.1.6 that any medical information provided by the Participant in relation to the Event may be used to treat or otherwise assist the Participant as a result of illness or injury at the Event;
6.1.7 that the Event Organiser shall be under no obligation whatsoever to process, analyse, or otherwise take action on, any medical information provided by the Participant;
6.1.8 to inform the Event Organiser of any change in their medical condition from the date of the Online Confirmation up to and until the Event Day;
6.1.9 that medical personnel (both on-site or on-call) are hereby authorised to administer first aid treatment or any medical treatment to the Participant and transport them in the event of any illness, accident or injury suffered by the Participant in connection with his/her participation in the Event;
6.1.10 the Participant will be responsible for any medical or transport expenses incurred in connection with any illness, accident or injury sustained or occurring in connection with participation in and/or attendance at the Event; and
6.1.11 that participation in and training for the Event involves potentially dangerous physical activity and inherent risks and dangers of accidents, personal injury (including death) and loss or damage to property. To the best of their knowledge, the Participant is healthy and fit to run, they understand and have considered and evaluated the nature, scope and extent of the risks involved, and voluntarily and freely choose to assume these risks (except where any such personal and bodily injury, including death, is caused by the negligence of the Event Organiser or any of their agents, officers or employees);
7 Indemnity and Limitation of Liability
7.1 The Participant hereby agrees to irrevocably indemnify and hold harmless, and reimburse the Event Organiser from and against all liabilities, claims, actions, proceedings, loss, damage, costs or expenses suffered or incurred (including legal and professional fees) by the Event Organiser (including in relation to the Participant’s insurers) in connection with any accident, loss, damage or injury arising out of the Participant's attendance at, participation in, or training for, the Event.
7.2 Subject to clause 7.4, the Event Organiser will not be liable in any way to the Participant as a result of:
7.2.1 any failure of the technology in the digital timing chip;
7.2.2 the Participant’s failure to bring their digital timing chip to the Event or failure to use or attach their digital timing chip as per the user instructions provided; or
7.2.3 any losses the Participant suffers as a result of the Event Organiser’s breach unless such losses were reasonably foreseeable to both the Participant and the Event Organiser as at the date of the Participant’s registration for the Event. For the avoidance of doubt, the Event Organiser will not be liable to the Participant in contract, tort (including, without limitation, negligence) or otherwise in connection with the Event for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by the Participant and the Event Organiser such as loss of revenues, profits, contracts, business or anticipated savings or loss of data; or goodwill or reputation; or any special or indirect or consequential losses.
7.3 Subject to clause 7.4, the Event Organiser’s liability to the Participant shall in any event be limited to the Fee.
7.4 The Event Organiser does not provide any insurance, whether life or medical or liability, for any illness, accident, injury, death, loss or damage that may arise in connection with the attendance at, and/or participation in the Event by each Participant. The Participant is advised to obtain such insurance themselves if required.
7.5 Nothing in the Terms shall affect the Event Organiser’s liability:
7.5.1 for death or personal injury resulting from the negligence of the Event Organiser or a deliberate act or omission of the Event Organiser, its employees or agents;
7.5.2 for breach of statutory duty;
7.5.3 for fraud or fraudulent misrepresentation; or
7.5.4 to the extent that liability cannot be excluded or limited by law.
7.6 Nothing in these Terms shall affect any statutory rights to which the Participant may be entitled to as a consumer.
8 Data Protection
8.1 The Event Organiser confirms that the personal information provided by the Participant on the Online Registration Form will be stored and processed in accordance with the provisions of the Data Protection Act 1998.
8.2 Subject to clause 8.3 a Participant may be contacted regarding the Event by post, email, telephone or sms.
8.3 Any "Personal Data" (as defined in the Data Protection Act 1998) provided by the Participant will be held on a secure web database and used solely in connection with the Event. By entering into the Agreement, the Participant hereby consents to the sharing of their Personal Data with the Event Partners, strictly for the purposes of facilitating their full participation in the Event. Such Personal Data shall not be distributed to third parties other than the Event Partners without receiving the Participant’s prior consent. Such Personal Data will only be disclosed to a third party other than the Event Partners without prior consent when the Event Organiser believes such disclosure to be required by law or regulation or to be necessary to defend the rights of the Event Organiser, the safety of the public or other Participants.
8.4 If following the Event, or in the event that the Participant no longer wishes or is unable to participate in the Event, the Participant no longer wishes to be contacted by the Event Partners, the Participant may opt out from receiving such communications from Event Partners by updating their preferences on the "members" section of the Website.
9.1 The Event Organisers shall not be liable to the Participant or be deemed to be in breach of the Agreement by reason of any delay in performing, or any failure to perform, any of the Event Organiser's obligations in relation to the Event, if the delay or failure was due to any cause beyond the Event Organiser's reasonable control. Without limiting the foregoing, the following shall be regarded as causes beyond the Event Organiser's reasonable control:
9.1.1 Act of God, explosion, flood, abnormally inclement weather, tempest, fire or accident;
9.1.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;
9.1.3 acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
9.1.4 import or export regulations or embargoes;
9.1.5 strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Event Organiser or of a third party);
9.1.6 difficulties in obtaining raw materials, labour or similar.
9.2 Where the items referred to in clause 5.1 above are posted to the Participant, the risk in the goods shall pass to the Participant upon the items being posted to the address given by the Participant. The Event Organiser shall not be liable for any loss, damage or cost arising from the delivery or non-delivery of such items.
9.3 The details of the Event shown in any material supplied by the Event Organiser to the Participant are correct at the time of printing but the Participant shall be responsible for checking with the Event Organiser that no alterations have been made.
9.4 This Agreement constitutes the entire agreement between the Event Organiser and the Participant with respect to its subject matter, and shall supersede any and all prior agreements, representations or understanding between the parties, whether written or oral.
9.5 Where any conflict arises between the content of the Online Registration Form and the Online Confirmation the content of the Online Confirmation shall prevail. In the event of conflict between either the Online Registration Form or Online Confirmation and these Terms, the content of these Terms shall prevail.
9.6 If any provision of the these Terms (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall apply with the minimum modification necessary to make it legal, valid and enforceable and the validity and enforceability of the other provisions of the Agreement shall not be affected.
9.7 Nothing in this Agreement shall be deemed to constitute a joint venture, partnership or relationship of agency or employment between the parties.
9.8 No term, condition or provision of this Agreement shall be enforceable under the Contracts (Right of Third Parties) Act 1999 (the "Act") by a person who is not a party to it, but this does not affect any right or remedy of a third party which exists or is available apart from under the Act.
9.9 The granting by any party of anytime or indulgence in respect of any breach of any term of this Agreement by the other shall not be deemed a waiver of such breach and the waiver by any party of any breach of any term of this Agreement by the other shall not prevent the subsequent enforcement of that term and shall not be deemed a waiver of any breach.
9.10 The brands, product and service names used by the Event Organiser are the trade-marks or trade names of the Event Organiser or their trading partners unless otherwise stated. Participants may not offer goods or services under or by reference to or otherwise use or reproduce any such trade-marks or trade names without the prior written permission of the Event Organiser the owner of such marks or names.
9.11 The Agreement shall be governed by and construed in accordance with the laws of England and Wales and the parties to the Agreement hereby submit to the exclusive jurisdiction of the Courts of England and Wales.