Obstacle Course Challenges for Juniors
07503182791
info@ultm8warrior.co.uk
Event Terms
EVENT TERMS OF ULTM8 WARRIOR

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE REGISTERING FOR AN EVENT

Ultm8 Warrior, a trading name of ULTM8 WARRIOR LTD, is a registered company in England and Wales under company number 08826534 and has its registered office at 24, Lavender Way, Hitchin, Hertfordshire, United Kingdom, SG5 2LU.

1. INTERPRETATION

1.1 The definitions in this clause apply to these Terms:

Course: the location of the Event.
Event: the event you have chosen to enter your child.
Insurance Provider: the insurance provider appointed by Ultm8 Warrior from time to time which provides a group personal accident insurance policy for participants in the Event.
Released Parties: has the meaning given to it in clause 3.1
Rules: the rules of the Event set out in clause 5.1.
Terms: the terms and conditions set out in this document.
Website: www.ultm8warrior.co.uk.


1.2 In these Terms any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

1.3 Headings do not affect the interpretation of these Terms.

2. THE CONTRACT

2.1 By registering for an Event, you agree to strictly adhere to these Terms. These Terms constitute the whole agreement between Ultm8 Warrior and you. If you have registered for the Event via the Website, you must also comply with Ultm8 Warrior’s Website Terms of Use and Privacy Policy.

2.2 These Terms shall become binding on Ultm8 Warrior and you once you have registered for an Event and Ultm8 Warrior has received full payment from you, at which point a contract shall come into existence.

2.3 Ultm8 Warrior has the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting Ultm8 Warrior’s business, changes in technology and changes in any relevant laws and regulatory requirements.

3. WAIVER, DISCLAIMER AND ULTM8 WARRIOR'S LIABILITY

3.1 In consideration of being permitted to participate in the Event by Ultm8 Warrior, you agree to fully waive, release and forever discharge Ultm8 Warrior, its directors, employees, officers, agents, consultants, subcontractors, insurers, sponsors, advertisers, owners or operators of the venue and owners or operators of the Event (“Released Parties”) from any and all injuries (including death), losses, damages, claims, demands, lawsuits, expenses and other liability of any kind, of or to you, your property, or any other person, directly or indirectly arising out of or in connection with (whether directly or indirectly) your participation in the Event.

3.2 You agree not to take any action, or permit anyone on your behalf to take any action, against any of the Released Parties for any and all injuries (including death), losses, damages, claims, demands, lawsuits, expenses and other liability of any kind, of or to you, your property, or any other person, directly or indirectly arising out of or in connection with (whether directly or indirectly) your participation in the Event.

3.3 You agree to reimburse, refund and/or repay to Ultm8 Warrior any amount Ultm8 Warrior has to pay to any third party which has been caused by:

(a) your actions;
(b) your participation in the Event; or
(c) your failure to comply with any of these Terms.

3.4 Ultm8 Warrior agrees to be responsible for any loss or damage you suffer that is a foreseeable result of Ultm8 Warrior’s material breach of the Terms or its negligence, but Ultm8 Warrior is not responsible for any:

(a) loss or damage that is not foreseeable (loss or damage is foreseeable if it is an obvious consequence of Ultm8 Warrior’s material breach or if it was contemplated by you and Ultm8 Warrior at the time this contract was entered); subject to clause 3.5
(b) personal injury or death;
(c) damage to your equipment or property howsoever caused; or
(d) economic loss such as loss of earnings or wages

3.5 Ultm8 Warrior does not exclude or limit in any way its liability for:

(a) death or personal injury caused by its negligence or the negligence of its employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples).

3.6 The express provisions of these Terms are in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.

4. RISKS

4.1 You acknowledge that the Event could be hazardous and dangerous to you and other third parties. You also acknowledge that by your child participating in the Event, there is a risk that you could damage or destroy your equipment or equipment belonging to other third parties. Examples of such risks include:

(a) the actions (including negligent actions) of other road users or members of the public (including other participants); and
(b) collisions with other participants, equipment, vehicles and buildings;
(c) inclement weather such as rain or snow, and extremes of heat or cold;
(d) undertaking strenuous exercise for long periods of time over long distances;
(e) hazardous terrain;

4.2 The Event may include obstacles both natural (such as woods, fields and water features) and man made (such as water obstacles, paved and unpaved roads and tracks, military style assault course obstacles, pipes, cargo nets, climbing walls, fire and electricity).

4.3 Your child's participation in the Event could result in bodily injury or death to your child or other third parties.

4.4 You confirm that your child is physically fit and sufficiently healthy to safely participate in the Event and it will not cause any harm or danger to you or any other third party.

4.5 You agree that all information you provide to Ultm8 Warrior in any medical questionnaire is complete, true and accurate in every respect. You acknowledge that it is your responsibility to consult with any general practitioner (or other medical professional) prior to participating in the Event to ensure that your participation will not present any risks to your health.

4.6 You understand all of the risks associated with your participation in the Event (including those risks set out in these Terms) and acknowledge that, whilst Ultm8 Warrior will use all reasonable efforts to minimise any such risks, some inherent risks cannot be eliminated completely. You are responsible for, where possible, inspecting the Course prior to the Event. By participating in the Event, you acknowledge that you consider the Course (and any equipment on it) to be safe and acceptable to your child.

5. RULES

5.1 You shall:

(a) comply with any and all applicable laws and regulations (including local byelaws, traffic laws and other laws relating to drugs, alcohol and other prohibited substances);
(b) comply with the highway code or any other similar code or rules which apply to you during your participation in the Event;
(c) comply with any and all requests and instructions displayed or given to you (whether written or oral) by Ultm8 Warrior or any of its employees, subcontractors or agents (including any stewards) at the Event;
(d) not challenge any of the Rules or dispute any of the requests or instructions referred to in clause 4.1(c) above;
(e) comply with the requirements of any land owners or occupiers over which the Course has been organised;
(f) co-operate with Ultm8 Warrior or any of its employees, subcontractors or agents (including any stewards) at the Event;
(g) act in an appropriate manner at all times during the Event;
(h) not damage any equipment belonging to Ultm8 Warrior or any other third party at any time;
(i) not be under the influence of alcohol, drugs or any other substance (prohibited or otherwise) that may impair your ability to safely participate in the Event;
(j) wear clothing appropriate for the Event;
(k) use equipment appropriate for the Event;
(l) not leave the Course at any time without first notifying Ultm8 Warrior;
(m) stop and assist any participant who may require assistance during the Event;
(n) provide Ultm8 Warrior, in sufficient time, with any information and instructions it reasonably requires to enable you to participate in the Event;
(o) not urinate or defecate on the Course outside designated areas;
(p) be over the age of 18 at the time of the Event or arrange for a parent or legal guardian to consent to you participating in the Event and agree to these Terms in addition;
(q) not drop any litter on the Course;
(r) not bring any dogs to the Venue, unless it is a Guide Dog for a visually impaired person.

5.2 If you fail to comply with the Rules or any other requests, requirements, instructions or decisions of Ultm8 Warrior (whether written or oral), any of these Terms or any applicable laws or regulations (including the highway code), Ultm8 Warrior or any of its employees, subcontractors or agents (including any stewards) at the Event may cease your participation in the Event and/or remove you from the Course.

6. IMAGE RIGHTS

6.1 By participating in the Event, you acknowledge that you may be photographed, filmed and/or included in a sound recording and consent to being photographed, filmed and/or recorded and agree to waive any and all rights of publicity or privacy.

6.2 In the event that you are photographed, filmed and/or sound recorded, you hereby irrevocably grant to Ultm8 Warrior, its affiliates and any third party partner, without any expectation of compensation, your permission, consent and authority to use and exploit your photograph, appearance, video, image, likeness, voice or recording in any and all manners and media throughout the world in perpetuity without the need for any further consents from you.

7. INSURANCE

7.1 Ultm8 Warrior has arranged for a group insurance policy from the Insurance Provider to cover you during your participation in the Event, the cost of which is included in the price.

7.2 You acknowledge that any insurance provided by the Insurance Provider is under a contract between you and the Insurance Provider and that Ultm8 Warrior is not a party to any such contract.

7.3 If you need to make a claim under any insurance provided by the Insurance Provider, or have any other queries in respect of such insurance, you should contact the Insurance Provider directly and not Ultm8 Warrior as Ultm8 Warrior will not be able to assist you.

8. EQUIPMENT

Ultm8 Warrior’s Equipment

8.1 Where you use equipment belonging to Ultm8 Warrior during your participation in the Event, you agree to use such equipment will all reasonable care. If Ultm8 Warrior considers you to have caused damage to any equipment as a result of a failure by you to use all reasonable care, you acknowledge and agree that Ultm8 Warrior has the right to charge you for the full replacement value of such equipment.

Your Equipment

8.2 Ultm8 Warrior may require you to provide specific equipment in order for you to participate in the Event. This is your responsibility. If you fail to provide such equipment, Ultm8 Warrior or any of any of its employees, subcontractors or agents (including any stewards) at the Event may cease your participation in the Event and/or remove you from the Course.

8.3 Ultm8 Warrior accepts no responsibility for the loss of, theft, or damage to any property owned by you or under your control which you provide to Ultm8 Warrior for storage and/or transport during the Event.

9. PRICE AND PAYMENT

9.1 The price for your participation in the Event is set out on the relevant web page of the Website and includes VAT but not personal insurance or registration fees

9.2 Prices are liable to change at any time, but price changes will not affect you if you have already registered for an Event and paid the amount due to Ultm8 Warrior in full.

9.3 Where you do not pay the full price for participating in the Event before the Event commences, you shall not be entitled to participate in the Event.

10. CANCELLATION BY YOU AND REFUNDS

10.1 Under the Consumer Protection (Distance Selling) Regulations 2000, you may cancel many online purchases up to seven working days after the transaction has been made (“Cooling-Off Period”), unless the services being purchased by you have already commenced.

10.2 Once the transaction has been made, Ultm8 Warrior will begin sending you information relating to the Event. Accordingly, once the transaction has been made, Ultm8 Warrior considers the provision of the services by Ultm8 Warrior to you to have commenced. As such, you agree that you shall not be entitled cancel the transaction and have the benefit of the Cooling-Off Period.

10.3 You acknowledge that all amounts paid by you to Ultm8 Warrior in relation to your registration for, and participation in, the Event are non refundable for any reason.

10.4 If you do not want to lose your right to the Cooling-Off Period, you should not register for the Event via the Website.

11. DELAY, MODIFICATION OR CANCELLATION OF THE EVENT BY ULTM8 WARRIOR

11.1 You acknowledge that Ultm8 Warrior may delay, modify or cancel the Event in the event of the following occurrences:

(a) inclement weather; or
(b) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
(c) strikes, lock-outs or other industrial action; or
(d) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
(e) impossibility of the use of railways, aircraft, motor transport or other means of public or private transport; or
(f) impossibility of the use of public or private telecommunications networks,
to the extent that, in Ultm8 Warrior’s opinion, the Event would be rendered unreasonably difficult to administer or unsafe to participate.

11.2 You acknowledge and agree that if the Event is delayed, modified or cancelled as described in clause 11.1 above, you will not be entitled to a refund from Ultm8 Warrior of your entry fee or any other amounts you incur in connection with the Event.

12. TRANSFER OF RIGHTS AND OBLIGATIONS

12.1 Ultm8 Warrior may transfer its rights and obligations under these Terms to another organisation, but this will not affect your rights or Ultm8 Warrior’s obligations under these Terms.

13. NOTICES AND COMMUNICATIONS

You can contact Ultm8 Warrior by e-mail, by hand, or by post to Ultm8 Warrior Limited (trading as Ultm8 Warrior) at 24, Lavender Way, Hitchin, Hertfordshire, United Kingdom, SG5 2LU or info. If Ultm8 Warrior has to contact you or give you notice in writing, Ultm8 Warrior will do so by e-mail, by hand, or by post to the address you provide to Ultm8 Warrior at the time of registering.

14. DATA PROTECTION

Ultm8 Warrior will only use the personal information you provide to Ultm8 Warrior in accordance with the provisions of Ultm8 Warrior’s Privacy Policy.

15. GENERAL

15.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law. These Terms supersede any oral or written statements made by or to you in connection with the Event.

15.2 You understand that you cannot terminate, cancel or revoke your acceptance of these Terms for any reason.

15.3 If Ultm8 Warrior fails, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if Ultm8 Warrior does not exercise any of its rights or remedies under these Terms, that will not mean that Ultm8 Warrior has waived such rights or remedies and will not mean that you do not have to comply with those obligations. If Ultm8 Warrior does waive a default by you, that will not mean that Ultm8 Warrior will automatically waive any subsequent default by you. No waiver by Ultm8 Warrior of any of these Terms shall be effective unless Ultm8 Warrior expressly say that it is a waiver and Ultm8 Warrior tells you so in writing.

15.4 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

15.5 These Terms shall be governed by English law and you and Ultm8 Warrior both agree to the exclusive jurisdiction of the English courts.

15.6 By agreeing to these Terms, you acknowledge and accept all of the risks associated with your participation in the Event (some of which are set out in clause 4) and agree to take full responsibility for any and all damages, liabilities, losses or expenses that you incur as a result of participating in the Event.