UK ULTRA LIMITED TERMS (Winter Ultra/Hibernal Hills dates in brackets)
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply our services to you. Our Services are events, which you can sign up to participate through our website.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 Rights as a consumer? Under these terms and conditions, you are a consumer which means:
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are UK Ultra Limited registered in England and Wales. Our company registration number is 12676991 and our registered office is at 1st Floor, Cromwell House, 14 Fulwood Place LONDON WC1V 6HZ
2.2 How to contact us. You can contact us by e-mailing neil@ukultra.co.uk
2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your booking. Our acceptance of your booking will take place when we email you to confirm your place at an event, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your booking. If we are unable to accept your booking for an event, we will inform you of this in writing and will not charge you for the service. This might be because the event is fully booked, or we have had to withdraw the event.
3.3 The Competitor Responsibility Statement and the Liability Waiver form part of our contract with you.
4. OUR SERVICES
4.1 Services may vary slightly from their description or previous photos. The services we provide are the promotion of events, which you agree to participate in in accordance with these terms and conditions, event details stated on the website and any other written information we may provide to you. The images of the events on our website are for illustrative purposes only. The routes or details of the events may change from the description on the website
5. YOUR RIGHTS TO MAKE CHANGES
5.1 We understand that your circumstances can and do change after you have entered an event. We have a flexible policy when receiving requests to withdraw from an event, but for clarity, here is our policy for withdrawals:
If you wish to withdraw from the event and we are notified up to 28 days before the date of the race, we are happy to offer you the opportunity to transfer your entry to a friend/colleague, if we have their full details 28 days in advance of the race. Please note that transferring your entry to somebody else without notifying us is irresponsible and dangerous, particularly in a medical emergency. Doing so can also lead to disqualification from future races. You will also be able to defer your place to the following years event.
6. OUR RIGHTS TO VARY, POSTPONE OR CANCEL AN EVENT
6.1 We may vary, postpone, or cancel any event:
a) to reflect changes in relevant laws and regulatory requirements; and
b) to implement adjustments and/or improvements, which may include but is not limited to amending a route, timing or date of an event or any other aspect of an event to address:
6.2 If an event has to be postponed or cancelled, then we shall use our reasonable endeavours to find an alternative date or event. It is acknowledged by both parties that a postponement of any event for up to 18 months is a considered a reasonable time due to the restrictions and planning requirements for such events. You will also allowed to transfer your place to any of our other events if the new date does not fit.
7 REFUNDS
7.1 Anytime up until March 30th (October 5th/December 7th) you are entitled to a 70% refund and 50% after until April 28th (November 9th/January 4th). After this time no refunds will be given. The only exception to this is pregnancy in which case you will be entitled to a full refund at any time. You will be able to defer your entry to the following year up until two weeks before the race. You can transfer your place to another person up until two weeks before the race. This person must also meet the qualifying criteria and must give us their full details. Full refunds will not be granted for any circumstances other than those above and those set out in clause 9.1.
7.2 How we will refund you. If the circumstances set out in clause 7.1 or 9.1 apply, we will refund you the relevant amount via bank transfer. However, we may make reasonable deductions from the price.
7.3 When your refund will be made. We will make any refunds due to you as soon as possible, but in any event your refund will be made within 7 days of your telling us you have changed your mind or us agreeing a refund is due.
8. PROVIDING THE SERVICES
8.1 When we will provide the services. SAVE FOR the circumstances set out in clause 6 and 8.2 the events will take place on the dates set out on the website.
8.2 We are not responsible for delays outside our control. If the event is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. If events beyond our control result in us having to cancel or postpone the event, then clause 6.2 shall apply.
8.3 What will happen if you do not give required information to us. We may need certain information from you so that you can participate in an event, including but not limited to the medical waiver form set out on our website. If so, this will have been stated on our website or requested by e-mail from us to you. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may end the contract and no refund will be provided.
9. YOUR RIGHTS TO END THE CONTRACT
9.1 Ending the contract due to our negligence. You have a legal right to end the contract if we are negligent, the contract will end immediately, and we will refund you in full.
10. HOW TO END THE CONTRACT WITH US
10.1 Tell us you want to end the contract. To end the contract in accordance with these terms and conditions, please let us know by emailing us at neil@ukultra.co.uk.
11. OUR RIGHTS TO END THE CONTRACT
11.1 We may end the contract if you break it. We may end the contract for services at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services, as set in clause 8.3
12. IF THERE IS A PROBLEM WITH THE EVENT
12.1 How to tell us about problems. If you have any questions or complaints about the event or service received from us, please contact us at neil@ukultra.co.uk.
13. YOUR RIGHTS IN RESPECT OF DEFECTIVE SERVICES IF YOU ARE A CONSUMER
13.1 If you are a consumer we are under a legal duty to supply services that are in conformity with this contract. Nothing in these terms will affect your legal rights.
14. PRICE AND PAYMENT
14.1 Where to find the price for the product. The price of the services will be the price indicated on our website when you placed your order. We take all reasonable care that the price of the product advised to you is correct. However please see clause 14.3 for what happens if we discover an error in the price of the product you order.
14.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services may be incorrectly priced. If we accept and process your order, we may end the contract, refund you any sums you have paid.
14.4 When you must pay and how you must pay. We accept payment as set out on our website. The full price of the event must be made at the time of booking.
14.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
15.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services.
15.2 Limitation on our other liabilities to you All other liabilities howsoever arising in either contract or tort shall be limited to the price you paid for the of the event.
16. HOW WE MAY USE YOUR PERSONAL INFORMATION
16.1 How we will use your personal information. We will only use your personal information as set out in our Privacy Policy.
16.2 You hereby grant us permission to record your voice and photograph you in conjunction with the Event. You understand and agree that the term "photograph" as used herein encompasses both still photographs and video recordings. You further grant us full unrestricted rights to the use of your photograph, voice, and likeness in any form, including edited versions, in or over any medium including without limitation streaming audio and/or video over the internet, broadcast, cable, satellite transmissions, and media that are unknown at this time, worldwide for any purpose including without limitation any commercial purpose.
17. OTHER IMPORTANT TERMS
17.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
17.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
17.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms
17.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
17.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts.
17.7 Dispute Resolution. In the event of any dispute relating to these terms and conditions or any event organised by us, both parties agree to attempt to resolve the matter through mediation prior to issuing legal proceedings. Mediation is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. In the event of a dispute both parties shall agree an independent mediator.
UK ULTRA LIMITED
COMPETITOR RESPONSIBILITY STATEMENT AND LIABILITY WAIVER
Both the Competitor Responsibility Statement and the liability waiver form part of the UK Ultra Limited terms and conditions.
COMPETITOR RESPONSIBILITY STATEMENT
Participating in running events requires fitness and skill.
I confirm that I have done sufficient training to ensure that I am fit enough to cope with the demands of this event and that my technical skills are adequate for the diverse requirements of the competition.
I accept that taking part in this event is by its nature hazardous and contains certain inherent risks including, but not limited to:
There are many other foreseeable risks to which I consent. I accept that I owe a significant duty of care to all other competitors, spectators and race officials. I will exercise all care to avoid causing death, injury or loss to any such persons and will indemnify UK Ultra Limited from and against any liability found against them arising out of my negligent or reckless acts.
I accept that in the event of my requiring medical attention during the event the medical personnel appointed by the event organiser take no responsibility for the treatment provided for any unreported existing condition which increases the risk of a medical emergency.
I acknowledge that UK Ultra Limited or any other relevant body has relied on this statement (in its entirety) in accepting my entry to the event and that if I was unable or unwilling to agree to all the matters set out above in this statement of responsibility UK Ultra Limited or any other relevant body would not allow me to compete.
All statements of fact are true.
UK ULTRA LIMITED LIABILITY WAIVER (this “Waiver”)
Please read the following agreement carefully, as it affects your future legal rights. By proceeding with registering for the event, you acknowledge and agree that you have carefully read and fully understood this waiver and agree to the terms set forth below.
In consideration of being permitted to register and/or participate in, including without limitation by observing, the activities for which you are registering (the “Event”), on behalf of yourself and any personal representatives, assigns, heirs, executors, successors and next of kin, you understand, agree, warrant and covenant as follows:
1. Authority to Register and/or to Act as Agent.
You represent and warrant to UK Ultra Limited (UK Ultra) that you have full legal authority to complete the registration for the Event, including this Agreement and Waiver, on behalf of yourself and/or any party for whom you are registering (the “Registered Parties”), including full authority to make use of the credit or debit card to which registration fees will be charged. As used in this Agreement and Waiver, (a) “UK Ultra Events” means and includes UK Ultra, its partners, licensors, and any and all subsidiaries, affiliated entities, or entities that control, are controlled by, or are under common control with UK Ultra singly or together and its and each of their officers, employees, contractors, subcontractors and agents and each of their agents, representatives, successors and assigns; and (b) “you” or “your” means and includes you (as an individual) and all other Registered Parties for whom you are registering, and by virtue of agreeing to this Agreement and Waiver, for whom you are waiving certain rights.
If you are registering an incapacitated adult you represent and warrant that you are the parent or legal guardian of that party and have the legal authority to enter into this Agreement and Waiver on their behalf and by proceeding with registration for the Event, you agree that the terms of this Agreement and Waiver shall apply equally to all of the Registered Parties. To the extent permitted by law, each person agreeing to this Agreement and Waiver for him/herself and/or on behalf of another Registered Party (including, without limitation, any minor) agrees to indemnify, defend, and hold UK Ultra harmless from any liability, claim, demand, cause of action, damage, loss, or expense (including court costs and reasonable legal’ fees) of any kind or nature (each, a “Liability” and collectively “Liabilities”) in the event the Liability arises because a Registered Party is found by a court of competent jurisdiction to not be bound by the terms and conditions of this this Agreement and Waiver. In addition, if, despite this Agreement and Waiver, any of the Registered Parties makes a claim against UK Ultra, you agree, immediately upon request or demand by UK Ultra, to defend, indemnify and hold UK Ultra harmless from all Liabilities which may be incurred as the result of such claim.
2. Assumption Of Risk.
In consideration of the acceptance of your registration and participation in the event, you assume full and complete risk and responsibility for any injury or accident which may occur during the event, while you are on the premises of the event, or while you are traveling to or from the event. You understand that participating in the event is hazardous, and that you should not enter and participate unless you are medically able and properly trained. You acknowledge and agree that the event may be held over public roads and facilities open to the public during the event and upon which hazards are to be expected. You also acknowledge and agree that participation in the event carries with it certain inherent risks and dangers that cannot be eliminated completely ranging from risk of minor injuries to catastrophic injuries including permanent disability and death. You are aware of and assume all risks associated with participating in the event, including without limitation risks of permanent injury or death due to falls, obstacles, contact with other participants, acts or omissions of other participants, effect of weather, animals, railway crossings, traffic and conditions of any road.
3. Representations.
You represent and warrant that you are in good physical condition, are able to safely participate in the Event and have no medical condition that would make your participation in the Event more hazardous. You consent to medical care and transportation in order to obtain treatment in the event of injury to you and understand that this Agreement and Waiver extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury. You understand that no medical care may be available, but if it is, you assume liability for any and all medical expenses incurred as a result of your participation in the Event, including, but not limited to ambulance transport, hospital stays, physician, and pharmaceutical goods and services. You agree to observe and obey all posted rules and warnings, to follow any instructions or directions provided to you by UK Ultra or any other relevant body and to abide by any decision of any Event official relative to your ability to safely participate in or attend the Event. You understand and agree that you are expected to exhibit appropriate behaviour at all times while at the Event and to obey all laws while participating in or attending the Event. This includes, generally, respect for other people, equipment, facilities or property. You agree that Event officials may dismiss you, without refund, should your behaviour endanger the safety of or negatively affect the Event. You understand and agree that neither UK Ultra nor any other relevant body is responsible for any personal item or property that is lost, damaged or stolen at the Event.
4. Release and Waiver of Liability.
You hereby waive, release, covenant not to sue and forever discharge UK Ultra and all other persons associated with the event, for all liabilities, claims, actions, or damages that you may have against them arising out of or in any way connected with your registration and/or participation in the event, including without limitation any liabilities, claims, actions, or damages caused by negligence of the above parties (including any negligent rescue attempt), the action or inaction of any of the above parties, or otherwise.
UK Ultra shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if UK Ultra events has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the UK Ultra sites, products or services; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the UK Ultra sites; (c) your participation in any promotion or program coordinated by UK Ultra; (d) personal injury or death not caused by UK Ultra negligence; (e) unauthorized access to or alteration of your transmissions or data; (f) statements or conduct of any third party on the UK Ultra sites; (g) any other matter relating to the UK Ultra sites, or UK Ultra products or services; or (h) your participation in the event. You agree that UK Ultra maximum liability to you, for any reason or cause whatsoever, shall not exceed the total amount of monies received by UK Ultra from you.
6. Indemnity.
You agree to indemnify, defend, and hold harmless UK Ultra and all other persons associated with the event, from all liabilities arising out of or in any way connected with (a) your participation in the event, including without limitation any liability caused by negligence (including any negligent rescue attempt), the action or inaction of UK Ultra, (b) your use of UK Ultra, or (c) any violation by you of any terms of this agreement and waiver.
7. Disclaimer of warranties.
You expressly agree that use of UK Ultra’s services is at your sole risk. The services are provided on an “as is” and “as available” basis. UK Ultra makes no warranty that the UK Ultra sites’ services will be uninterrupted, secure or error free. UK Ultra expressly disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement. UK Ultra does not guarantee the accuracy or completeness of any information in, or provided in connection with, UK Ultra sites. UK Ultra is not responsible for any errors or omissions, or for the results obtained from the use of such information.
By indicating your acceptance of this agreement and waiver, you are affirming that you have read and understand this agreement and waiver and fully understand its terms. You understand that you and all registered parties are giving up substantial rights, including the right to sue. You acknowledge that you are agreeing to this agreement and waiver freely and voluntarily, and intend by your acceptance to be a complete and unconditional release of all liability to the greatest extent allowed by law