Legal

General conditions of entry to events organised by WMP Creative. By submitting your application and paying your fee you agree to enter the event and abide by these Conditions of Entry, the Event Conditions, and any instructions given by the organisers and officials of the event.

In these Conditions the following definitions shall apply:

"Agreement" – the agreement between you and WMP Creative comprised of the Event Conditions and these Conditions of Entry;

"Event" – the event organised by WMP Creative;

"Event Conditions" – the terms and conditions, in addition to these Conditions of Entry, provided to you by WMP Creative in respect of the Event;

"Event Date" – the date of the Event, as specified in the Event Conditions;

"Fee" – the fee payable by you to WMP Creative in consideration of your participation in the Event, as specified in the Event Conditions;

"we", "Monster Triathlon" – means WMP Creative;

"you" – means you the Event participant;

"Competition Rules" – the laws, rules, and regulations of British Athletics, England Athletics and any other relevant governing body including but not limited to World Athletics.

1. Entry

1.1 By submitting your application and paying your Fee you are agreeing to enter the Event and also agree to abide by these Conditions of Entry, the Event Conditions and any instructions given to you by the organisers and officials of the Event.

1.2 Included in your race pack will be a gps tracker, this should be used in accordance with the instructions in the information pack.

1.3 Participants in the event are subject to the Competition Rules. If there is any conflict between the Competition Rules and the Agreement, the Agreement shall apply to the extent of the conflict.

1.4 An entrant shall be deemed to have made him/herself/their self, familiar with, and agreed to be bound by the UK Athletics Anti-Doping Rules and to submit to the authority of UK Anti-Doping in the application and enforcement of the Anti-Doping Rules. The UK Athletics Anti-Doping Rules apply to entrants participating in the sport of Athletics, for 12 months from the date of entering the event, whether or not the participant is a citizen of, or resident in, the UK.

2. Change of Address

2.1 If your address details change after you have submitted your application, you can login to your profile on www.racespace.com and change your postal address.

2.2 We take no responsibility for items lost or misplaced in the post or, if you fail to comply with condition 2.1, for items despatched to the wrong address.

3. Event Safety

3.1 At all times during the Event you must adhere to all instructions given by the Event officials.

3.2 It is your responsibility to ensure that you have the correct equipment, footwear and clothing for the Event, taking the weather conditions into account.

3.3 You are not permitted to be accompanied by your pets or other animals when participating in the Event.

3.4.1 Your participation in the Event is personal to you, you are strictly prohibited from swapping your place in the Event or allowing any other person to wear your Event number and participate in your place. Condition 3.4 we reserve the right to exclude you from participation in future Events.

3.5 Unregistered participants are not permitted into the start or finish area and will be removed from the course by security. Check points will be located at entry points to the start area and on the route.

Resources of the event organisers, including medical and safety services, along with event supplies for feed stations and drink stations and finishers packs, are reserved solely for registered entrants.

3.6 You are not permitted to use the following items in the Event:-

3.6.1 roller skates;

3.6.2 wheel barrows;

3.6.3 electric or motorised wheelchairs

3.6.4 any other item that could potentially inhibit the flow or safety of other participants or which we, in our reasonable opinion, deem may cause danger or risk of danger to you or other participants.

3.7 You will only be permitted to wear fancy dress costumes that do not inhibit yourself or other participants or which cause a safety risk or pose any other danger to participants, staff or spectators, and in any event we reserve the right to prevent you from participating in the Event if we determine in our sole discretion that the fancy dress outfit may cause danger or risk of danger to you or other participants.

3.8 This Event is staged on open roads.

3.9 You warrant to WMP Creative that you are, and will be on the Event Date, sufficiently fit and healthy to participate in the Event unaided and in accordance with the Agreement. If you are in any doubt we recommend that you seek medical advice.

4. Event Ejection

4.1 We reserve the right to refuse entry to the Event or ask you to cease participation if:-

4.1.1 you fail to follow instructions given by Event officials;

4.1.2 you attempt to participate in the Event in a manner that we, acting reasonably, believe:-

(a) may cause injury to you;

(b) may cause injury to another participant;

(c) may damage or harm the environment;

(d) is likely to cause offence; or

(e) otherwise causes a risk or potential risk to health and safety including any failure, in whole or in part, to comply with the restrictions in Condition 3 above (Event Safety);

4.1.3 in our opinion you are unfit to participate in the Event due to:-

(a) the consumption of alcohol;

(b) the use of drugs;

(c) an injury or illness; or

4.1.4 you fail to arrive at the start location at the specified time; or

4.1.5 you are unable to make sufficient progress in the Event to allow you to complete the event in line with timelines set by Event officials, as identified by the last support vehicle

4.1.6 you take part in any ambush marketing activity

5. Refund Policy

5.1 Customers of WMP Creative have the right to cancel any entry made over the internet as long as it is done within 7 days of the original entry date. Otherwise, all entry fees are non-refundable and WMP Creative retains the right to refuse entry to anyone declaring false information on their entry form, not making the required payment, or otherwise failing to meet the stated entry requirements. In the event of a refund being made, this will be made with the original purchaser, not with the event participant.

5.2 Planning of any event begins a minimum of 12-18 months prior to event day. During this time, costs are incurred from the beginning of this process and covers everything from website hosting, marketing, event planning and risk assessing, right through to ordering of finisher's items, and finally on the day for road closures, and infrastructure. As such, all entry fees are non-refundable after the initial 7-day cancellation period as stated above.

In the event of postponement (for example, in extreme weather conditions or due to government or local authority imposed restrictions), WMP Creative retains the right to enact any of the following;

• Reschedule the event to another date
• Deliver the event as a virtual event
• Participants would have their entry automatically transferred to either the virtual event, or to the rescheduled event date.

If a participant cannot attend the event on the rescheduled date, they will receive a voucher for no more than 50% of the value of their original entry, and any unfulfilled products which will be able to be used across a variety of available events. The voucher will be valid for a minimum of 9 months but often longer.

6. Cancellation

6.1 In the interests of safety, the Event Director and the Emergency Services reserve the right to stop an event at any time, if deemed necessary. These would be in exceptional circumstances beyond our control and no refunds would be given.

7. Data Protection

7.1 You agree that your Personal Information can be stored, used by WMP Creative and our Event partners in connection with the organisation, staging and administration of the Event.

7.2 You agree that your Personal Information may be anonymised and the anonymised data may be used by WMP Creative and our Event partners in connection with the compilation of statistical information and to improve health and safety procedures at future events.

7.3 You agree that your name, image and contact details can be used by WMP Creative and our Event partners for the purposes of:-

7.3.1 the promotion and marketing of the Event;

7.3.2 adding you to a mailing list to keep you informed about any future events and services which we believe you might be interested in, such as leisure activities relating to either similar types of events or activities;

7.3.3 promotional and marketing material in respect of similar events, other community based activities organised by our Event Partners,

(together the "Marketing Information"). If you object to such, please see Condition 7.5.

7.4 We shall take all necessary steps to ensure that Personal Information or Marketing Information pertaining or relating to you which comes into the possession or control of WMP Creative or our Event partners shall not be:-

7.4.1 used or reproduced in whole or in part in any form except for the purposes outlined in these Conditions;

7.4.2 disclosed to any person not authorised by you to receive it; or

7.4.3 altered, deleted, added to or otherwise interfered with (except where expressly permitted by these Conditions).

7.5 If you would not like WMP Creative or our Event partners to use the Marketing Information or Personal Information other than for purposes related solely to your participation in the Event, please contact WMP Creative directly on sports@wmpcreative.com. You may also withdraw your consent by ticking the appropriate box on your application form.

7.6 By agreeing to the terms and conditions you will receive a number of information emails which will include training information and latest updates on the Event itself.

7.7 By agreeing to the terms and conditions you warrant that you will not take part in any ambush marketing activity in respect of the Event.

8. Changes to the Event

8.1 We reserve the right to reduce the course distance, change the course, or make any other amendment to the Event that we deem necessary to stage the Event. Any change to the Event will be communicated to you at the Event or sooner if practicable.

8.2 Should the course distance be reduced as per clause 8.1 above for the avoidance of doubt you agree that the Event is still deemed to be staged and that we will not be liable to you for any refund.

9. Use of Image

9.1 The Event may be televised and photographs may be taken which capture your participation in the Event. You agree to the publication of photographs and broadcasts of your image which accurately depict your participation in the Event.

9.2 Whilst we will make reasonable endeavours to capture a photograph of every event participant which will then be offered to each participant for purchase we do not offer a guarantee that images will be captured.

10. Finishers Pack

10.1 You will only receive a finishers pack if you complete the Event. No finishers packs will be provided to spectators or participants who do not complete the Event.

10.2 Only entrants who selected to receive a finisher T-shirt or medal as part of the entry process will be entitled to receive one. Any entrant who selected an alternative option, including but not limited to the planting of a tree by the event organiser in place of a finish t-shirt or medal, will not be entitled to receive a finish t-shirt or medal.

11. Taking Part for a Charity

11.1 Your entry to the Event will be acknowledged via a confirmation email. If you are taking part to raise money for a charity you should not enter into any sponsorship raising until you receive this email.

11.2 By accepting a charity place for the Event or by choosing to raise money for a charity during the entry process you consent to WMP Creative making your contact details available to the charity concerned.

11.3 By opting in to receive specific communication from a charity, or by indicating your interest in hearing from specific charities as part of the entry form, you consent for WMP Creative making your contact details available to the charity(s) concerned.

12. Medical Conditions

12.1 It is strongly recommended that you train for the Event and prepare for the challenge. If you have not exercised before or for some time, you should consult your doctor before commencing your training for the Event.

12.2 You must complete all the required medical information fields on the back of your race number prior to participating in the Event. Medical information will only be used to allow medical assistance to be given on the Event date.

13. Liability

13.1 In no event shall we be liable to you, whether for breach of contract, any tortious act or omission (including negligence) or otherwise, under or in connection with the Agreement for any:

13.1.1 loss or damage;

13.1.2 loss of profit;

13.1.3 loss of reputation;

13.1.4 loss of business, revenue or goodwill;

13.1.5 loss of anticipated savings;

13.1.6 pledges made on your behalf or by you to charity; or

13.1.7 consequential or indirect loss, regardless of whether the loss or damage:

(a) would arise in the ordinary course of events;

(b) is reasonably foreseeable; or

(c) is in the contemplation of the parties, or otherwise.

13.2 Nothing in this Agreement shall affect our liability for death or personal injury, fraud, or any other liability to the extent it cannot be excluded or limited by law.

13.3 We shall procure and maintain appropriate third party liability insurance for the Event for our own benefit. You:

(a) acknowledge that you are not entitled to benefit under such insurance where any claim is made against you by a third party for death, personal injury or damage to property arising out of or in connection with your negligent actions or omissions whilst participating in the Event; and

(b) shall indemnify us and keep us indemnified against any claim made against us by a third party for death, personal injury or damage to property arising out of or in connection with your negligent actions or omissions whilst participating in the Event.

15. General

15.1 If there is a conflict or inconsistency between any provision contained in the body of these Conditions of Entry and any provision contained in the Event Specific Conditions, except where provided to the contrary in the latter, the Event Specific Conditions prevail to the extent of the conflict or inconsistency.

15.2 The Agreement shall be governed by English law, and the parties submit to the exclusive jurisdiction of the English courts.

15.3 If any provision of the Agreement is invalid or unenforceable, in whole or in part, the validity of the remainder shall not be affected.

15.4 The Agreement does not create, confer or purport to confer any benefit or right enforceable by any person not party to it.

15.5 Nothing in the Agreement shall have the effect of holding the Partners out as being a partnership, joint venture, principal or agent of each other or of WMP Creative.