Festival of Sport Terms and Conditions
I understand and agree that I participate in the Festival of Sport event entirely at my own risk and that no responsibility whatsoever shall attach to any event sponsors, event directors, or any person involved in the organisation of the event for any injury, accidents, loss or damage suffered by me in, or by reason of the event, however such may be caused.
By submitting an application online and paying any stated fee for entry into this event I understand and agree to abide by the terms and conditions of the Festival of Sport, the instructions given by the organiser and event officials. When submitting an entry online on behalf of other individuals, by agreeing to the event entry terms and conditions myself, I agree that all other entrants in my booking accept and agree to the terms and conditions and the instructions given by the organiser and event officials.
Neither I or any other individuals in my booking shall be eligible or entitled to participate in the event until full payment of the entry fee has been received by the event organiser. No payment shall be deemed to have been received until the event organiser has received cleared funds.
Treloar Trust hereafter referred to as “Treloar’s”, uses email to communicate with its event participants . By entering this event, I agree to receive emails regarding this specific event.
Treloar’s cannot be responsible if event information does not reach the intended recipient by email. The onus is on the event participant to ensure that their Spam filters will allow Treloar Trust emails through. Treloar’s can only be responsible for ensuring that the email address provided is the one to which event emails are sent. All specific event details and event information packs that are sent to participants are also posted on the website event page.
Rules and Regulations
I agree to abide by all applicable rules and regulations. I understand that Treloar’s is also entitled to impose event/activity rules upon the participant from time to time which will form part of these Conditions.
I understand that it is my responsibility to provide a safe functioning wheelchair for my sole use where appropriate together with appropriate safety adaptions, and all other personal equipment required for participation in the event. I will communicate any other needs with Treloar’s as soon as is practical eg hoists in advance of the Event. I agree to provide all other equipment I will require throughout the duration of the Event including shower chair and/or turntable unless otherwise agreed in advance by Treloar’s.
5. Disabled Accommodation
If I am a disabled participant and have duly notified Treloar’s at time of online booking , Treloar’s will provide accessible accommodation at Treloar’s campus for the duration of the event. This will be in a single room in most occasions in a boarding house although Treloar’s have a limited number of twin roomswhich can be requested at time of booking. I will provide all necessary bedding.
With Treloar’s permission, I may arrange for one of my carers at any given time to sleep in the same room as me and I will notify Treloar’s in advance where this is my intention. Where I do so I accept that the carer will not be provided with a bed and I will be responsible for providing a temporary bed bed ie an inflatable mattress or camp bed and bedding or sleeping bag. I further acknowledge that the carer is related to or employed by me directly and I am responsible for the actions of that carer whilst at Treloar’s.
Whilst boarding houses themselves are access controlled, rooms may not be secure and I will not permit any persons other than myself and my carer to enter any part of the boarding house at any time and I acknowledge that all items and valuables I keep on site at Treloar’s are kept there at my own risk.
I agree that neither myself of any other person in my party will enter areas of Treloar campus that I/we are not permitted access to.
I undertake not to damage any part of the accommodation during my stay and to leave the accommodation in a similar state to when I arrived. I further undertake not to provide a nuisance to any other person staying in the house. I will report any breakages or any problems I may identify with any aspect of the accommodation to Treloar’s as soon as is practicable.
No alcohol shall be consumed in the boarding houses.
6. Other Accommodation
If I am not a disabled participant or a nominated carer with shared accommodation with a registered participant it is my responsibility to find alternative accommodation. Family members, secondary carers and friends of participants are invited to camp free of charge in the designated camping area using their own equipment. If I chose to camp in this area, I do so entirely at my own risk and I undertake not to cause a nuisance to other campers.
7. No Smoking
There is a no smoking policy at Treloar’s and smoking is only permitted in designated smoking areas.
8. Driving and Parking on Site
I understand that it is my responsibility to drive and park in a safe manner. I undertake to observe the site speed limit of 10mph and only park in a designated parking bay. I acknowledge that security for my vehicle is my responsibility and I undertake to report any accidents to the site manager
First aid and any medical assistance remains the responsibility of the individual or external organisation. Treloar's is not responsible unless agreed otherwise. Accidents should be reported to the Event Organiser.
10. Restricted Access Areas
Treloar is home to some students 52 weeks per year. I agree not to wander into unauthorised areas nor visit boarding houses other than the house to which I have been allocated. I will respect people’s privacy particularly in residential areas.
11. Health and Safety
I will familiarise myself with all safety instructions, fire precaution notices, evacuation guidelines and other notices setting out health, safety and environment requirements.
Should you have any concerns regarding safety, please let a member of Treloar’s staff know.
12. Site Rules
I agree to abide by the Treloar’s Site Rules.
13. Media, Social Media and Photography
I understand and accept that media professionals may take photographs and video footage of the event and its participants for use to publicise and promote Treloar’s, the event and its sponsors.
Removal of Participants
Treloar’s reserves the right at any time to remove participants from the event or to prevent participants participating in the event if in the Event Organiser’s sole discretion, it considers such action necessary for safety reasons or the proper enjoyment of the event by other participants or for any other reasonable reason. No refund of the event fee shall be made if the participant has acted negligently, maliciously, with willful misconduct or otherwise without due care and attention for the event or other participants, so as to cause his/her removal.
Whilst Treloar’s takes every care with staging the event, I acknowledge that personal accident and personal items insurance is my sole responsibility.
Treloar’s shall not be liable to the participant for any loss or damage of or to personal equipment belonging to the participant, or any indirect or consequential loss or damage whatsoever arising out of the participant taking part in the event; or for any loss of business; revenue or profit; loss of reputation; anticipated savings or wasted expenditure; pledges made on your behalf or by you to charity. Treloar’s will not be liable for any actions of any spectators or other third parties.
I accept that any mechanical support received on my wheelchair or other mechanical device from Treloar’s, its partners, participants or other third parties is at my own discretion and I will not hold anyone else responsible for any subsequent malfunction or resulting injury.
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.
16. Ability & Support
I acknowledge that Treloar’s will not provide personal care to me as part of my participation in the Event nor will it provide me with any assistance that I may need to take part in any of the activities and competitions. Furthermore I acknowledge that Treloar’s has made no assessment of my abilities, disabilities and needs and has not planned the activities with these specific needs in mind. Accordingly I agree that I will provide, at my own cost, the care and support needed for me to attend the Event and to safely participate in the activities, games and competitions that I enter. I further agree that I will make an assessment of the risks of each activity I enter as they relate to my abilities, disabilities and needs and warrant that I am fit and have the necessary support to participate.
Allergies and Dietary Needs
I agree that I will make Treloar’s aware of all special dieting requirements I may have. I agree that I am solely responsible for any issues resulting from food allergies that may arise from consumption of food or drink not prepared and served by Treloar’s or from any requirement/allergy that has not been communicated by me in advance, or where I fail to follow the instructions and labeling by Treloar’s.
Please note that some of the food products given out on event day may contain or have traces of nuts and nut oils or may have been made alongside other products containing nuts.
I agree for the purposes of this condition, personal information includes medical data collected for health and safety purposes ("Personal Information").
I agree that my personal information can be stored, used by Treloar’s and their event partners in connection with the organisation, staging and administration of the Event.
Medical information will only be used to allow medical assistance to be given on the event date.
I agree that my Personal Information and data may be used by Treloar’s and their event partners in connection with the compilation of statistical information and to improve health and safety procedures at future events.
I agree that my name and contact details can be used by Treloar’s and our event partners for the purposes of:
- the promotion and marketing of the event;
- the publication of results;
- added to a mailing list to keep me informed about any future events and services which I may be interested in, such as leisure activities relating to either similar types of events or activities;
- promotional and marketing material in respect of similar events, other community based activities organised by our event partners; and
- sending me a maximum of two emails after the event to direct me to where I can purchase or download photos of me taking part in the event.
Treloar’s shall take all necessary steps to ensure that personal information or marketing information pertaining or relating to me which comes into the possession or control of Treloar’s or their event partners shall not be used or reproduced in whole or in part in any form except for the purposes outlined in these conditions.
If I would not like Treloar’s or our event partners to use the marketing information or personal information I supply when entering other than for purposes related solely to my participation in the event, I am aware that I can e-mail firstname.lastname@example.org.
I am aware that by agreeing to the terms and conditions I will receive a limited number of emails which will include updates on the event itself.
19. Additional Sharing of Data
If I elect to hear from a particular event partner during the Event, I agree that my personal information be passed to said partner and accept that I will be contacted by the partner. I understand I will be able to opt out of receiving such communication at any time.
The booking fee is non-refundable other than as otherwise stated in the Withdrawals Policy.
Treloar’s recognises that one of the primary objectives of the Event is to have fun. As such, the organiser reserves the right to amend any of the advertised activities that make up the Event as organiser, at its sole discretion, deems necessary to make the event enjoyable for as many of the participants as possible.
Treloar’s reserves the right to amend the event format or cancel the event due to circumstances beyond its reasonable control or for any safety related reason, or at any point prior to the 30th April 2018 if registrations fail to meet the required number. In the event of the event being cancelled it shall provide the participant with a full refund with no further liability whatsoever arising from such cancellation.
All decisions and rulings by Treloar’s, its employees and its agents are considered final. Accordingly, I agree to comply with all event rules and all instructions and guidelines given by event crew, stewards, marshals, and safety personnel. I acknowledge and agree that Treloar’s will organise and run the event and will have sole authority and be the final arbiter on all decisions relating to the safety, running and organisation of the Event, the rules of the event, the timings/finish times and the placings.
24. Applicable Law
I agree that the laws of England and Wales will apply to all matters relating to this Agreement. I irrevocably consent that exclusive jurisdiction for any dispute with Treloar’s relating to this Agreement and Waiver shall be the courts of England and Wales.
Please read the following waivers and agreements carefully. They include releases of liability and a waiver of legal rights, and deprive you of the ability to seek financial compensation from certain parties. By agreeing electronically, you acknowledge that you have both read and understood all the text presented to you as part of the registration process.
TRELOAR’S AGREEMENT AND LIABILITY WAIVER (“Agreement and Waiver”)
Please read the following agreement and waiver carefully, as it affects your future legal rights. By proceeding with registering for the event, you acknowledge and agree that you have carefully read the agreement and waiver and agree to the terms set forth below.
Though you still need to read the entire document, some of the key points of this Agreement and Waiver are highlighted here.
- The Activities that form part of the Event for which you are registering may be physically challenging and may pose a risk of discomfort, illness, injury, and even death. You need to be satisfied that you are physically capable of doing the Event without undue risk to your health or your life. Treloar’s will not conduct health or fitness checks on participants.
- The Activities that make up the Event may involve inherent risks and dangers to participants and observers and, accordingly, you participate or observe at your own risk.
- Where you have registered or entered on behalf of anyone under the age of 18 or will be accompaning anyone under the age of 18 to observe the Event, you also agree to the contents of this Agreement and Waiver on behalf of the person under 18.
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:
1. Authority to Register and/or to Act as Agent. You represent and warrant to Treloar Trust (“Treloar’s”) 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) “Treloar’s” means and includes Treloar Trust , its partners, licensors, 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 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 Treloar’s 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 Treloar’s you agree, immediately upon request or demand by Treloar’s, to defend, indemnify, and hold Treloar’s 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 discomfort, illness, injury or accident which may occur whilst you are preparing for the event, during the event, while on the premises of the event or whilst you are travelling to or from the Event. You should not enter and participate in any of the activities at the event unless you are medically able. 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. 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 and effect of weather.
3. Representations. You represent and warrant that you are able to safely participate in the activities at the Event, either on your own or with the support of your carer. 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 (where such medical expenses are not provided on a free of charge basis by any medical services organizations, clinics, or hospitals), 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 Treloar’s or the Event organizer 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 behavior at all times 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. You agree that Event officials may dismiss you, without refund, should your behavior, in the opinion of Treloar’s or the Event organizer, endanger the safety of or negatively affect the Event. 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, neither Treloar’s nor the Event organizer is responsible for any personal item or property that is lost, damaged or stolen at the Event. You understand and agree that the Event organizer reserves the right to cancel the Event in the event of weather (including, but not limited to, heat, tornadoes, earthquakes, fires, storms, lightning and floods), accidents, acts of war or terrorism, military conflicts or riots, or for any reason that would affect the safety and security of Event participants and/or spectators or the feasibility of the Event to be held. In the event of such cancellation or any other cancellation for any reason, there will be no refund of your payment unless authorized and paid by the Event organizer. You agree to hold the Treloar Trust 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, related to any cancellation or disruption of the Event.
4. Release and waiver of liability. You hereby waive, release, covenant not to sue and forever discharge Treloar’s 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 the action or inaction of any of the above parties, or otherwise.
Treloar’s 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 Treloar’s has been advised of the possibility of such damages). Without limiting the foregoing, Treloar will not be responsible for (a) the use or the inability to use the Treloar’s 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 Treloar’s sites; (c) your participation in any promotion or program coordinated by Treloar; (d) personal injury; (e) unauthorized access to or alteration of your transmissions or data; (f) statements or conduct of any third party on the Treloar campus; (g) any other matter relating to Treloar’s campus, or Treloar’s products or services; or (h) your participation in the event. You agree that Treloar’s’s maximum liability to you, for any reason or cause whatsoever, shall not exceed the total amount of monies received by Treloar’s from you.
Nothing in this agreement and waiver shall be construed as limiting or excluding Treloar’s 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.
5. Indemnity. You agree to indemnify, defend, and hold harmless Treloar’s 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 Treloar’s, (b) your use of Treloar’s site and equipment, or (c) any violation by you of any terms of this agreement and waiver.
6. Disclaimer of warranties. You expressly agree that use of Treloar’s services is at your sole risk. The services are provided on an “as is” and “as available” basis. Treloar’s makes no warranty that its sites’ services will be uninterrupted, secure, or error free. Treloar’s 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. Treloar’s does not guarantee the accuracy or completeness of any information on, or provided in connection with, the Treloar’s sites. Treloar’s is not responsible for any errors or omissions, or for the results obtained from the use of such information.
7. Use of Likeness. You hereby irrevocably grant Treloar’s and the Event organizer 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 Treloar’s and the Event organizer 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 Treloar’s and/or the Event organizer shall become the sole property of Treloar’s and/or the Event holder, as applicable.
8. Severability. You further expressly agree that this Agreement and Waiver is intended to be as broad and inclusive as is permitted by applicable law, and if any provision of this Agreement and Waiver is held to be unenforceable by a court of competent jurisdiction for any reason whatsoever, (a) the validity, legality, and enforceability of the remaining provisions of this Agreement and Waiver (including without limitation, all portions of any provisions containing any such unenforceable provision that are not themselves unenforceable) shall not in any way be affected or impaired thereby, and (b) to the fullest extent possible, the unenforceable provision shall be deemed modified and replaced by a provision that approximates the intent and economic effect of the unenforceable provision and the Agreement and Waiver shall be deemed amended accordingly.
9. 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.