Ptarmigan Events: Terms & Conditions

General

1. Once Ptarmigan Events has received your entry form, you have agreed to the Event Terms and Conditions. These terms and conditions (made available to you as part of Ptarmigan Events invitation to you to participate in the Event) form an integral part of your contract with Ptarmigan Events.

2. Once you have paid your Registration Fee to enter the event, you have entered a contract to make the remaining payments by the advised deadlines on the Event Registration Form. In the event of cancellation by yourself, there will be no refunds made. All payments are final and irrevocable. If, however, you notify us of your desire to cancel before the final balance date, you may transfer the Registration Fee to any other Ptarmigan Events’ event. You will be required to re-register and your registration fee will then be deducted from an instalment at a later stage.

3. Once you have paid your first Instalment Fee, payable 28 days from the date you register, you will have entered a contract to make the remaining payments by the advised deadlines on the Event Registration Form. In the event of cancellation by yourself, there will be no refunds made. All payments are final and irrevocable. If, however, you notify us of your desire to cancel 2 months in advance of the final balance payment date, you may transfer your first instalment fee to any other Ptarmigan Events’ event.

4. The Final Balance payment must be received no later than 9 weeks prior to the Event date. In the event of cancellation by yourself, within 9 weeks of the event date there will be no refunds made of the final balance payment. All payments are final and irrevocable.

5. In consideration of being permitted to register and/or participate in and/or observe the Event, on behalf of yourself and any personal representatives, assigns, heirs, executors, successors, next of kin, and persons supported by you (if relevant under the applicable laws), you understand that:

a) Authority to Register and/or to Act as Agent. You represent and warrant to Ptarmigan Events that you have full legal authority and capacity to complete the registration for the Event, including this Agreement and Waiver, on behalf of yourself and/or, where applicable, 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) “Ptarmigan Events” means and includes Ptarmigan Events its partners, licensors, and any and all subsidiaries, affiliated entities, or entities that control, are controlled by, or are under common control with Ptarmigan Events singly or together and its and each of their 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.

b) If you are registering a child under the age of 18 or an incapacitated adult, you represent and warrant that you are the parent or legal guardian of that party and have the legal authority and capacity to enter into this Agreement and Waiver on his/her 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 Ptarmigan Events harmless from any liability, claim, demand, cause of action, damage, loss, or expense (including court costs and reasonable attorneys’ 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 Ptarmigan Events, you agree, immediately upon request or demand by Ptarmigan Events, to defend, indemnify, and hold Ptarmigan Events harmless from all Liabilities which may be incurred as the result of such claim.

Hazards and Risks

1. 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 discomfort, illness, injury, or accident which may occur while you are preparing for the event, during the event, while you are on the premises of the event, or while you are traveling to or from the event. It is your sole responsibility to inform yourself of the risks involved and you are strongly advised to take every reasonable precaution to avoid such risks.

2. You understand that participating in the event may be hazardous, and that you should not enter and participate unless you are medically able and properly trained. You should consult your doctor before participating in the event. It is your responsibility to check and to ensure that you are at all times medically and physically fit to participate in the activities related to the event. It is your responsibility to exercise reasonably care and attention. You hereby accept that Ptarmigan Events does not accept liability for any damage, loss or injury whatsoever resulting from any Event risks or dangers.

3. You acknowledge and agree that the event may be held over public roads and/or on rough or uneven terrains 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 may carry with it certain inherent risks and dangers that cannot be eliminated completely ranging from risk of minor discomfort 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, traffic and conditions of any road.

4. No Event Insurance – You hereby acknowledge that it is your personal responsibility to arrange for insurance cover for the Event if you wish to be covered by insurance. Ptarmigan Events will not provide insurance cover for Participants in the Event. You accept that the Organiser has made it clear to you in advance of the Event that no insurance will be provided.

Equipment You Need

1. The participant should dress appropriately for the type of Event and for the conditions. Where published by Ptarmigan Events and appropriate to the Event, the Participant shall carry at all times any mandatory equipment specified by Ptarmigan Events. However, the carrying and/ or wearing of mandatory equipment shall not prejudice the Participant’s obligation under this clause to dress appropriately for the conditions and it is in the Participant’s sole responsibility to select and wear appropriate clothing, footwear and other garments. Ptarmigan Events will accept no liability whatsoever for any Participant who suffers injury or loss as a result of the wearing of inappropriate clothing or footwear.

Medical / Fitness

1. 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.

2. You agree to observe and obey all posted rules and warnings, to follow any instructions or directions provided to you by the Event Organiser, Ptarmigan Events and to abide by any decision of any Event official relative to your ability to safely participate in or attend the Event.
Film & Photograph Rights

1. You hereby irrevocably grant Ptarmigan Events 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 Ptarmigan Events permission to use your photograph, voice, and likeness taken in conjunction with the Event, 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 legitimate purpose including, without limitation, any commercial purpose, without compensation to you. Your further waive any right of inspection of any such recordings and photographs. You understand that any such recordings and photographs recorded by Ptarmigan Events shall become the sole property of Ptarmigan Events, as applicable.

Event Rules for Participants

1. You understand and agree that you are always expected to exhibit appropriate behavior while at the Event and to obey all applicable laws while participating in or attending the Event. This includes, generally, respect for other people, equipment, facilities or property.

2. You agree that Event officials may disqualify you, without refund, should your behavior, in the opinion of the Event Organiser, Ptarmigan Events, endanger the safety of or negatively affect the Event.

3. You understand and agree that you are responsible for taking care of your own personal belongings during the Event and, to the maximum extent permitted by law, that the Event Organiser, Ptarmigan Events is not responsible for any personal item or property that is lost, damaged or stolen at the Event.

4. You are expected at all times to show respect for the environment, landowners, local communities and other recreational users: –
Do’s
a. Always follow and adhere to the Highway Code and local byelaws
b. Ensure you are wearing or carrying the appropriate (mandatory and/or recommended) kit at all times
c. Notify the Event Medic (at registration) of any significant medical history
d. Be responsible for wearing your timing chip in the correct manner (whether as a competitor or a team member)
e. Stop and assist any competitors in need of medical attention and alert an event marshal/staff safety steward ASAP
f. Ensure any injured competitor in proximity to you is adequately provided for, before continuing
g. Co-operate with Event Officials at all times

Don’ts
a. Do NOT interfere with the timing mats or boxes or their positioning
b. Do NOT stray off the course or enter out-of-bounds areas
c. Do not accept outside assistance during the Event
d. Do not use public transport and/or transport in cars at any time during the Event
e. Do NOT carry out pre-Event reconnaissance. This is not deemed to be in the spirit of the Event

The Event Director’s decision is final in all cases.

CANCELLATION RULES

CANCELLATION BY YOU

1. Pre-Event Cancellation: You must understand that you have no right to demand a refund once Ptarmigan Events has accepted your Event application. If for any reason you are unable to take part in the event, you may cancel your entry subject to the procedures outlined in the Refunds, Deferments and Transfers section below.

2. Automatic Unilateral Event Day Cancellation: If you fail to attend on the day of the Event or if you fail to obtain your race pack on the day of the Event, you are deemed to have unilaterally cancelled your Event participation. You will be unable to obtain your race pack if you either (1) fail to read, complete, accept and sign any part of the Event Acceptance Form or fail to produce your ID at the registration on the day of the Event or (2) if you fail to bring to the Event the mandatory Event equipment (as advised by Ptarmigan Events in good time prior to date of the Event) or (3) should Ptarmigan Events (for your own safety) on the day of the Event deems at its absolute discretion that your physical fitness level is insufficient to allow you to take part in the Event. You accept that in terms of items (2) and (3) above, the race director’s decision on whether you can participate in the Event shall be final.

3. By agreeing to the Event terms and conditions you agreed to participate in the Event, accordingly, in such circumstances, you hereby agree to accept to pay a penalty for breach of contract, being a sum equivalent to your Event Participation Fee. We will credit your Event Participation Fee and you agree that Ptarmigan Events will retain your Event Participation fee in full and final settlement of such penalty charge.

4. If alternatively, you have been issued Event Credit and Ptarmigan Events have reserved a place in the event, which you have failed to participate in then your Event Credit will not be redeemed as payment of the Event Participation Fee. If your Event Credit has expired, you will not be entitled to use the Transfer System to use your voucher to participate in another Ptarmigan Event’s Event or purchase merchandise from our online store.

CANCELLATION BY PTARMIGAN EVENTS

1. Ptarmigan Events may cancel its contract with you if circumstances beyond its control force Ptarmigan Events to cancel the Event as a result of (without limitation) predicted severe weather conditions, flooding, landslides, political unrest, terrorism, war or public health issue.

2. Ptarmigan Events may cancel its contract with you in circumstances where insufficient participation numbers make the Event economically unviable. The Participant is not entitled to claim any cost, expenses, or loss (including particular economic and/or consequential loss) under such circumstances provided Ptarmigan Events has given reasonable notice of the Event cancellation.

3. If the Event is cancelled by Ptarmigan Events in the circumstances set out in (1) and (2) above refunds and/or transfers of your Event Participation Fee will be made according to the refund, deferment and transfer policy set out in the Refunds, Deferments and Transfers section below. If you have been issued Event Credit, which will be redeemed to participate in the event, any changes required to the use of the Event Credit will be made according to the refund, deferment and transfer policy set out in the Refunds, Deferments and Transfers section below.

4. You hereby accept that the Event is not guaranteed to take place.

REFUNDS, DEFERMENTS AND TRANSFERS

1. The provisions of this section shall apply in addition to the provisions outlined in the Cancellation by You and Cancellation by Ptarmigan Events sections above.

2. Ptarmigan Events will not refund all or any proportion of the Event Participation Fee if the Participant is unable to attend the Event or once the Participant has participated in the Event. Nor will we refund any Event Credit previously issued by Ptarmigan Events, which entitles you to participate in an Event. This policy is non-discriminatory and, so as to provide fairness and clarity to all participants, cannot take account of any individual circumstances.

3. Ptarmigan Events will under no circumstances whatsoever reimburse you for any third-party costs incurred by you (such as, without limitation, accommodation, travel costs or hire services).

4. Ptarmigan Events’ Events are clearly marketed as adventures and this concept involves an element of uncertainty in the circumstances the Event may face in its delivery. The Participant accepts this uncertainty and the potential impact of force majeure on the way an event is delivered. If an event is cancelled or postponed due to bona fide force majeure factors outside of the control of Ptarmigan Events (including but not limited to weather, social unrest, disease, war, famine, public health issue) then Ptarmigan Events reserves the right to issue Event Credit to the Participant equal to the value of the Event Participation fee they paid or extend the terms of the Event Credit that can be redeemed against an alternative Ptarmigan Events event. If you are unable to participate in the Event for whatever reason, including but not limited to injury, illness, travel issues, weather, event cancellation/ event venue change/ event date change on reasonable notice (either as a result of force majeure or otherwise whatsoever), Ptarmigan Events will not be liable for any costs whatsoever incurred by you relating to privately booked travel, accommodation or other ancillary costs.

5. If the Event has had to be cancelled in advance of it taking place Event Participation Fees, Ptarmigan Events Event Credit and/or associated event purchases shall be subject to the deferment and transfer policy without any administration fees.

6. Event Relocation: Provided a minimum 30 days’ notice period is given to the Participant, no refunds will be given if a Participant is unable to attend an Event which is relocated within an area of 100 miles radius of the original Event location. For the avoidance of doubt, an announcement on the Organiser’s web or Facebook site shall be sufficient notice and the Participant is advised to check the same in regular intervals. The Participant accepts that 30 days’ notice is a reasonable period.

7. Event Date Change: Provided a minimum 30 days’ notice period is given to the Participant, no refunds will be given if a Participant is unable to attend an Event which is re-scheduled to a date within 13 months before or after the original Event date. For the avoidance of doubt, an announcement on the Organiser’s web or Facebook site shall be sufficient notice and the Participant is advised to check the same in regular intervals. The Participant accepts that 30 days’ notice is a reasonable period.

8. Where the Participant is unable to participate in an Event due to any reason, the Participant may request their Event Participation Fee to be credited and we will issue you Event Credit, if such a request is emailed at least three clear months before the event date to admin@ptarmiganevents.co.uk Upon receipt of the email we will contact you to confirm the issue of Event Credit. Event Credit will be issued by means of an email containing a transfer code which can be used in an alternate event organised by Ptarmigan Events. The value of the Event Credit will be equal to the Event Participation Fee previously paid only and will not include any administration fees previously paid, GPS charges, any charity donations paid as part of the entry process, or any money spent on optional extras such as insurance, transport or accommodation. We recommend that the Participant should arrange the appropriate insurance. The Event Credit is transferable to a third party, who may use it towards participation in the event of their choice subject to the event being open for entries at the time.

9. Ptarmigan Events refund policy is subject to change at the discretion of the Organiser and any such changes are published either within this refund policy and/ or on the Event website. The Participant is advised to visit the Event website regularly.

10. The terms and conditions of this refund policy do not affect the Participant’s statutory rights as a consumer. Please contact Ptarmigan Events for any questions on Ptarmigan Events’ refund policy.

ACCEPTANCE

1. Release and waiver of liability. You hereby waive, release, covenant not to sue and forever discharge Ptarmigan Events 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.
Ptarmigan Events 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 Ptarmigan Events has been advised of the possibility of such damages). without limiting the foregoing, Ptarmigan Events will not be responsible for (a) the use or the inability to use the Ptarmigan Events 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 Ptarmigan Events sites; (c) your participation in any promotion or program coordinated by Ptarmigan Events; (d) personal injury; (e) unauthorized access to or alteration of your transmissions or data; (f) statements or conduct of any third party on the Ptarmigan Events sites; (g) any other matter relating to the Ptarmigan Events sites, products or services; or (h) your participation in the event. You agree that Ptarmigan Events maximum liability to you, for any reason or cause whatsoever, shall not exceed the total amount of monies received by Ptarmigan Events from you.
Nothing in this agreement and waiver shall be construed as limiting or excluding Ptarmigan Events or the event organizer’s liability for: (a) death or personal injury caused by gross negligence; (b) fraud or fraudulent misrepresentation; or (c) any other matter for which it would be illegal or unlawful to exclude or attempt to exclude liability. your statutory rights as a consumer are not affected by this agreement and waiver.

2. Indemnity. You agree to indemnify, defend, and hold harmless Ptarmigan Events 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 Ptarmigan Events, (b) any violation by you of any terms of this agreement and waiver and/or the terms of use.

3. Disclaimer of warranties. You expressly agree that use of Ptarmigan Events services is at your sole risk. The services are provided on an “as is” and “as available” basis. Ptarmigan Events makes no warranty that Ptarmigan Events sites’ services will be uninterrupted, secure, or error free. Ptarmigan Events 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. Ptarmigan Events does not guarantee the accuracy or completeness of any information on, or provided in connection with, the Ptarmigan Events sites. Ptarmigan Events is not responsible for any errors or omissions, or for the results obtained from the use of such information.

4. Acceptance. By indicating your acceptance of this agreement and waiver, you are affirming that you have read 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. If the participant is a minor or incapacitated adult, you certify that you are the participant’s parent or guardian and agree to this waiver and release from liability on behalf of the participant.