Yorkshire Dales Festival T&C

Run For All Limited (Company No: 5701790)
Marathon Yorkshire Ltd (Company No: 08295830)
  

  1. Definitions:

Event: The event organised by the Organiser 

Organiser: In respect of the 5k,10k, 5 mile, Half Marathon and Marathon, Run For All Ltd (Company No: 5701790) and in respect of the 10 Mile and Marathon, Marathon Yorkshire Ltd (Company No: 08295830);

Participant: You, the person competing in the Event and whose details were provided to the Organiser

Entry fees: The fee paid to the organiser for your participation in the event at point of entry. Please note the entry fee does not include the online processing fee.

  1. Entry policy: 

2.1 Under UK Athletics (UKA) Rules and Regulations, the following minimum age restrictions apply as at the date of the Event:

(i) 3 (three) years of age in respect of Mini Event. Please refer to clause 2.5.1

(ii) 3 (three) years of age in respect of Middlesbrough 2K

(iii) 6 (six) years of age in respect of Mini GEAR

(iv) 9 (nine) years of age in respect of Junior Event

(v) 9 (nine) years of age in respect of Middlesbrough 3K

(vi) 11 (eleven) years of age in respect of a 5K;

(vii) 15 (fifteen) years of age in respect of a 10K, 5 Mile or 7 Mile

(ix) 17 (seventeen) years of age in respect of a Half Marathon,10 Mile or 15 Mile

(x) 18 (eighteen) years of age in respect of a Marathon. 

All Participants under the age of 18 (eighteen) years must obtain parental consent in order to register and participate in the Event. 

2.2 The Organiser shall not be liable for any injury or loss occurring as a result of participation in the Event (including, without limitation, any losses resulting from the Organiser’s negligence), provided that nothing in these terms and conditions shall exclude or limit the Organiser’s liability for death or personal injury resulting from the Organiser’s negligence or for any other type of liability that cannot be excluded or limited by law.

2.3 Entry policy (Team Challenge and Marathon Relay only)

2.3.1 It is the Team Managers responsibility to allocate each Team Member with a link for the registration system via their management portal. Each Team Member must register for the Event via the online system.

2.3.2 (Marathon Relay only) Event day registration forms will be provided to the Team Manager prior to the Event and must be completed in full and brought to the Event registration in exchange for the Team race packs.

2.3.3 Team Members entered into the Event can be changed by the Team Manager up until the entries close.

2.3.4 Upon submitting an entry to an Event, the Team Manager takes responsibility for sharing any communications including these terms and conditions, with all Team Members.

2.4 An entrant shall be deemed to have made themselves familiar with, and agreed to be bound by the UKA Anti-Doping Rules and to submit to the authority of UK Anti-Doping in the application and enforcement of the Anti-Doping Rules.

2.4.1 The UKA Anti-Doping Rules apply to entrants participating in the sport of Athletics, for 12 months from the date of entry, whether or not the licence holder is a citizen of, or resident in, the UK.

2.5 Entry policy (Mini and Junior only)

2.5.1 The Mini Event is open to all children between the ages of 3 (three) to 8 (eight) years on the day of the Event.  All children must be accompanied by an adult aged 18 (eighteen) years or more (the Participant) on the day of the Event. 

2.5.2 Each Participant can accompany a maximum of 4 (four) children.

2.5.3 The Junior is open to anyone between the ages of 9 (nine) and 15 (fifteen) years on the day of the Event.

2.5.4 All Participants must obtain parental consent in order to register and participate in the Event.  The Participant’s parent/guardian agrees to the Participant entering into the Event on the basis of these terms and conditions. 

2.5.5 The Participant’s parent/guardian shall ensure that the Participant understands the content of these terms and conditions and shall use their best endeavours to ensure that the Participant complies with these terms and conditions. 

2.6 Entry policy (Fun Run Only)

2.6.1  Mini GEAR is open for ages 6 and upwards

2.6.2 Middlesbrough 2K is open for ages 3 and upwards

2.6.3 Middlesbrough 3K is open for ages 9 and upwards

  1. Medical conditions: 

3.1 It is recommended that the Participant prepares and trains for the Event, all Participants take part in the Event at their own risk. The Participant is advised to consult with a medical professional prior to entering into the Event especially if they have not exercised for some time. If the Participant has a medical condition it must be detailed on the reverse of the race number.

3.2 The Participant agrees that, as far as they are aware, they are physically able to compete in the Event and, to the extent that it may be necessary, they have sought and relied upon any medical advice before the date of the Event. Should any medical or physical condition arise prior to the Event which is likely to affect their ability, the Participant should withdraw. The Participant consents to any medical treatment being administered during the Event by official medically-qualified personnel.

3.3 The Organiser may prevent the Participant from taking part in the Event (either at the start or during the Event) if the Organiser or any medical representative considers that the Participant should not participate for health and/or medical reasons. No refund will be given in these circumstances.

3.4 For Participant’s under the age of 18, the Participant’s parent/guardian agrees that, as far as they are aware, the Participant is physically able to compete in the Event and, to the extent that it may be necessary; they have sought and relied upon any medical advice before the date of the Event.  Should any medical or physical condition arise prior to the Event which is likely to affect the Participant’s ability to compete in the Event, the Participant should withdraw from the Event.  The Participant’s parent/guardian consents to any medical treatment being administered to the Participant during the Event by official medically-qualified personnel.

  1. Race numbers:

4.1 Subject to condition 4.5,4.6 and 4.7, a race number will be posted to the Participant prior to the Event to the address provided upon completing of the entry form.

4.3 Race numbers will not be posted to those Participants who provided a postal address located outside of the UK at the time of completing the entry form and race numbers must be collected from the race office on event day.

4.4 The Organiser accepts no responsibility for the non-delivery of race numbers. If the Participant does not receive their race number prior to the Event it is their responsibility to contact the Organiser, a new number will only be available for collection on the date of the Event. The Organiser shall be entitled to charge the Participant a fee for replacement packs in respect of its reasonable administration costs.  

4.5 The Participant should notify the Organiser of any change of address or contact details. The Participant can log into their Active portal and update this online. Failure of a Participant to inform the Organiser of a change of address less than 10 (ten) weeks before a Marathon or 6 (six) weeks before any other Event (excluding a Marathon) may result in the Participant’s race pack being dispatched to the wrong address and a replacement pack will only be available for collection on the day of the Event.

4.6 All Mini and Junior/Fun Run events will be collection only, these will not be posted to your address.

4.7 Some events will be collection only. This will be advertised in the confirmation email and website if an event is collection only.

4.8 The Organiser will use its reasonable endeavours to provide the Participant with a finish time save that the Organiser shall not be responsible for any anomaly or technical malfunction in relation to the same.

  1. Transfer of entry

5.1 If the Participant is unable to participate, they may transfer their entry to another event organised by the Organiser within the same calendar year or to another person, provided the preferred Event is not closed for entries and can only be transferred within 6 (six) weeks before the original Event takes place.

 

5.2 If the Participant wishes to transfer their entry to another event the participant must log into their Active portal using the link below. Once logged in, select ‘Transfer to another event’ then chose the event you would like to enter. The Participant must pay a £5 transfer fee and any difference in entry fees. https://myevents.active.com/

5.3 If the Participant wishes to transfer their entry to a different person, all transfers must be done online and will incur a £10 fee.  To transfer an entry to another person, the Participant can log into their events portal here https://myevents.active.com/ and select ‘Transfer Registration’. The Participant will then be required to input the new participants email address so an email can be sent to them to accept the transfer. On receipt of this email, the new participant must complete the registration process, including payment, this will also include any increases to entry fees. Once the new registration is complete the original participant will receive a refund of their Entry Fee, minus the £10 transfer fee.

5.4 Season Ticket entrants can transfer their Season Ticket entry to a different event up to 6 (six) weeks before the first event of their Season Ticket. After this time, no transfers can be made for their Season Ticket.

  1. Deferral:

Participants withdrawing from an Event may defer their entry in the same event for the following year. In order to reserve an entry, a request must be made to the Organiser via the online enquiry form on the Website.

A link to register for the event will be issued via email and must be used within the period set down within the email. The Entrant will need to pay the applicable entry fee of the event to which they wish to defer.

  1. Refunds:

7.1 If the Participant is unable to take part in the Event they can request a full refund (minus processing fees) within 14 days of completing their entry. After this time no refunds will be provided.

7.2 To receive a refund, the Participant must notify the Organiser in writing by email via the online enquiry form on the Website. The date of notification of withdrawal is the date of the email. The Participant must state their full name, date of birth, name of Event and registration ID in all correspondence.

7.3 If the Participant’s entry to the Event has been made through a charity, the Organiser has no responsibility to refund any sums paid by the Participant or issue any credit; any such refund should be sought from the relevant charity.

7.4 Should a change of date be made (excluding changes in accordance with condition 12.3) and the Participant is unable to attend on the revised date, they may receive a refund of their entry fee providing that they notify the Organiser in writing within 14 (fourteen) days from the date that the change in date is notified to the Participant.

7.5 The Active Refund is a product offered on entry to our events and provides participants entering with an opportunity to buy this product to ensure their entire entry(s) are insured. Active refund is guided by its own T&Cs which can be found here.

  1. Health and safety: 

8.1 Bikes, scooters, roller skates, pushchairs or any kind of mechanical aid (except wheelchairs) are strictly prohibited from the Event course.

8.2 Participants are not permitted to bring pets or other animals onto the Event course. Participants requiring assistance are referred to condition 9.

8.3 Dogs are permitted at the Trail Runs on the condition they are kept on a short lead at all times and the countryside code relating to dogs is observed. The wellbeing of the dog is the sole responsibility of the owner. The Organiser accepts no responsibility or liability whatsoever for the dog. Any injuries to other animals and/or participants or damage to property which have been inflicted by the participants dog will be the participants responsible along with any financial penalties.

8.3 The Organiser may at any time during the Event or prior to the Event prevent the Participant from participating in the Event if it considers such action is necessary for the safety and/or proper enjoyment of the Event by the Participant and/or other participants and/or spectators with no refund.

8.4 All decisions and rulings by the Organiser shall be the final in respect of the safety, running and organisation of the Event, the rules of the Event and finish times and positions. The Participant accepts that circumstances concerning the Event may change from time to time for reasons beyond the reasonable control of the Organiser. The Participant agrees to abide by such change(s) and acknowledges that any decision is entirely at the absolute discretion of the Organiser.

8.5 The Organiser shall use its reasonable endeavours to ensure that appropriate First Aid assistance will be available for the duration of the Event. There will be clearly signed First Aid points at the start/finish area and along the course. Volunteers and marshals in attendance at the race are not medically trained and will not give medical assistance other than notifying a medical professional associated with the event, in the event that medical assistance is required. The Participant authorises the Organiser to pass on any and/or all information that they have provided to the medical teams operating on the day of the Event if required for medical reasons.

8.6 Please note Run For All Events are open to wheelchair users and all participants should be vigilant so as to avoid contact with any wheelchair or its user.

  1. Aided participants and wheelchair entrants

9.1 For those participants who are aided around the course, either by being pushed or assisted, by a guide runner, the guide runner must also be a registered participant in the Event. The Participant requiring assistance must advise the Organiser that they require assistance upon entry of their application and a free entry place will be provided to the guide runner.

9.2 It is strongly recommended that only experienced wheelchair racers attempt the race unaided. Please note that it is the Participants responsibility to ensure that the Participants wheelchair is well maintained and suitable for such an event and no liability will be accepted by the Organisers in respect of any damage occasioned to the Participants wheelchair howsoever occasioned during the Event. The Organiser requests the Participant respects other participants in the Event and that the Participant operate their wheelchair in a manner so as to avoid contact with or injury to any other participant, spectator or third party including property belonging to third parties. The Participant should ensure that they have in place appropriate public liability insurance which includes the use of the wheelchair in the participation of such Events.

  1. Use of image: 

By agreeing to our Terms and Conditions, the Participant consents to the Event being filmed, recorded or exploited by means of television, film, video or some other broadcast or media format and agrees to the use and reproduction of their name, likeness, appearance and photograph. All such commercial rights in relation to the same belong entirely to the Organiser and the Participant has no proprietary rights in relation to any film, photograph or other such recorded media. If the Participant does not wish for their image be used in this manner, they should contact the Organiser via the online enquiry form prior to the Event taking place.

  1. Race mementos: 

11.1 Participants who complete the Event will receive 1(one) finishers medal. Finishers medals are strictly limited to 1 (one) per Participant.

11.2 Team T-shirts and Logos (Corporate Challenge and Marathon Relay only)

Teams who provide their company logo before advised cut-off date (a period of 6 weeks before the day of the Event) will be entitled to receive a Team t-shirt featuring their company/team name and logo. Team Managers will be advised of the cut-off date via confirmation emails. The Team Manager accepts the Organiser will be unable to provide personalised t-shirts if the Team is entered or logo provided after the cut-off date.

  1. Race cancellation – Organiser’s discretion: 

12.1 The Organiser reserves the right to cancel the Event up to 1 (one) month before the Event if insufficient applications are received, or if the Event is no longer economically viable.

12.2 If the Event is cancelled in accordance with condition 11.1, the Organiser shall not be liable for any losses incurred by a Participant as a result of cancellation of the Event, except that the Participant may request a refund of the entry fee within 30 (thirty) days from receipt of notification by email to the Participants. Any entry fee paid and not requested as a refund within this period will be donated to the Jane Tomlinson Appeal. ‘Gift Aid’ will be claimed in respect of any donations to the charity where appropriate.

  1. Race cancellation – Force Majeure:

13.1 For the purposes of these terms and conditions, a “Force Majeure Event” means an event beyond the reasonable control of the Organiser, including but not limited to: strikes, lock-outs or other industrial disputes (whether involving the workforce of the Organiser or others), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation, direction or action by a government or public authority, accident, breakdown of plant or machinery, fire, inclement weather, flood, storm, communicable disease, national mourning, nuclear risks and chemical and biological  weapons, act of terrorism, demonstration, march, request of an authoritative body such as the police or fire service, any order of repatriation, internment, imprisonment, deportation or the refusal of permit to enter any country where the event is to be held, seepage and/or pollution and/or contamination or default of the Organiser or subcontractors.

13.2 If, as a result of a Force Majeure Event, the Organiser deems in its sole discretion that it is necessary to cancel, postpone or change the route and/or length of the Event, even during the period of the Event occurring, the Organiser shall be entitled to cancel, postpone or change the Event.

13.3 If, as a result of Force Majeure event, the Event is cancelled or postponed, the Participant will not be offered a refund. Please see 12.1 for list of all scenarios which a refund would not be offered.

13.4 If the Event is cancelled or postponed in accordance with condition 12.2, the Organiser will make reasonable endeavours to rearrange the Event.

13.5 If the Event is cancelled, postponed or amended in accordance with condition 12.2 or if the Organiser breaches any of its obligations under these conditions as a result of a Force Majeure Event, the Organiser shall not be liable to Participants for any losses whatsoever or howsoever  incurred as a result (including as a result of its negligence) except in respect of losses that cannot be excluded by law.

13.6 If for any reason beyond the reasonable control of the Organiser, the Organiser is unable to comply with any of its obligations under the conditions including organising the Event, the Organiser shall not be liable to the Participant for any loss, damages or expenses incurred by the Participant.

  1. Event date and time: 

14.1 The Organiser reserves the right to alter the start time and/or date of the Event.

14.2 Should a change in the start time be made Participants will be notified of the revised start time with as much notice as reasonably practicable. No refund in full or in part shall be made following a change in start time provided that the date of the Event does not change.

  1. General Data Protection Regulation: 

15.1 By agreeing to our Terms and Conditions, the Participant agrees to the Organiser storing their personal data including name, address, email address, date of birth, telephone numbers, emergency contacts. This includes participants and volunteers and using this information for the purpose of organising the Event in order to send out vital race information.  Personal data will not be used for marketing purposes unless marketing consent is received.

15.2 In compliance with the General Data Protection Regulation (GDPR) the Participant has the right of access to their personal records held on the Organiser’s computer. By agreeing to our Terms and Conditions, in order to send the Participant a race pack and fundraising pack (if requested), and produce their race results, the Participant authorises the Organiser to release personal details (including their full name, address and e-mail address) to the pack provider, or charity (if applicable), any official photograph company and timing results company. The Participant also authorises the Organiser to disclose their information for medical purposes on the day of the Event. All Organiser third party providers adhere to GDPR and will not use third party data for marketing purposes unless consent has been received.

15.3 The Participant’s name will only be added to the Organiser’s mailing list if they agree consent by opting in to receiving marketing. If consent is received information will be sent so that the Organiser can keep the Participant informed about other events of the Organiser. By agreeing consent the Participant agrees that such information may also be given to other carefully screened organisations working with the Organiser to deliver the Event. If the Participant does not wish to receive any marketing information they can indicate this on the entry form by not selecting the opt in option. The Participant is able to unsubscribe to these communications at any time.

  1. Limitation of liability:

16.1 Subject to condition 16.2, the Organiser’s total liability, whether in contract, tort (including negligence), breach of statutory duty or otherwise in respect of any losses arising out of or in connection with the Event shall be limited to a sum equal to the total entry fee paid by the Participant to the Organiser.

16.2 Nothing in these terms shall limit or exclude the Organiser’s liability in respect of death or personal injury resulting from its negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.

16.3 The Participant agrees to indemnify the Organiser in relation to any claims, action, liabilities or losses resulting from any breach of these conditions by the Participant.

16.4 The Organiser will not be liable for any pledges made by the Participant or on his or her behalf to any charity.

16.5 Except in respect of losses relating to death or personal injury resulting from the Organiser’s negligence, obtaining insurance for personal accident and loss as a result of the Event is the sole responsibility of the Participant.

  1. General:

17.1. The Organiser may vary these terms and conditions from time to time and the up to date terms shall be available on the Website.

17.2 Nothing in these terms and conditions shall constitute any partnership between the Organiser or any third party nor will any third party have the right or authority to bind the Organiser.

17.3 No waiver by either party of a breach or default or any amendment to these terms and conditions shall be affective unless in writing and signed by all parties.

17.4.These conditions shall be governed and construed in accordance with the Laws of England and Wales and any dispute arising shall be subject to the exclusive jurisdiction of the English Courts.

17.5 The Participant accepts all conditions of entry set out herein or notified to him/her prior to the race or displayed at the race or any instruction given to him/her by the Organisers or officials of the race and the Participant acknowledges that the Organisers and officials of the race shall (subject to condition 30 above) have no liability for any loss or damage they may suffer including consequential or indirect loss as a consequence of their participation in the Event (including but not limited to travelling to and from the Event and during the Event).

17.6 The Organiser accepts no liability for the state or condition of the surface upon which the Event is held, except as provided in condition 16.2, and the Participant should ensure that they is satisfied with the state and condition of the surface of the route before commencing the Event.

Updated 27/01/2023