Terms and Conditions of Use
General Terms and Conditions of entry to BizFit events
In these conditions the following definitions shall apply:
“Charity” means MS Society.
“Conditions” means these terms and conditions of entry for the Event.
“Entry Form” means the website pages or paper entry form which must be completed in order to participate in the Event.
“Event” means the event named on the Entry Form.
“Event Organiser” means BizFit
“Event Partners” means our commercial, charity and other partners in relation to the Event
“Entrance Fee” means the price of entry into the Event as set out in the Entry Form.
“Participant”, “You” means the person named on the Entry Form who will be participating in the Event.
“Us”, “Our”, “We” means BizFit
- Conditions of Use
Welcome to our website. We and our associates provide our services to you subject to the following conditions. If you use this website, you accept these conditions. Please read them carefully.
- Privacy & Cookies
Please review the Privacy & Cookies Statement, which also governs your visit to this website, to understand our practices.
- Electronic Communications
When you visit the our website or send e-mails to the us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of BizFit or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of BizFit, with copyright authorship for this collection by BizFit, and protected by international copyright laws.
- License and Site Access
- BizFit grants you a limited license to access and make personal use of this site but not to download (other than page caching) or modify it, or any portion of it, except with the express prior written consent of BizFit. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools.
- This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express prior written consent of BizFit. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BizFit and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilising BizFit’s name or trademarks without the express prior written consent of BizFit.
- Any unauthorised use terminates the permission or license granted by BizFit. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the homepage of BizFit so long as the link does not portray BizFit, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any BizFit logo or other proprietary graphic or trademark as part of the link without express prior written permission.
- You acknowledge that participation in the Event has a degree of physical activity associated with it. However, there are also opportunities for you to take part in the Event and excuse yourself from the physical activity by providing moral and motivational support to other participants undertaking the physical activity. However, it is acknowledged that should you decide to take part in the physical activity that you are aware of the nature of the Event and the associated medical and physical risks involved.
- You agree that you are physically capable of competing in the Event and agree to be solely responsible for your actions and we, our officers, employees, agents, affiliates, associated companies, sponsors or medical advisers are not responsible for any injury or illness that you may suffer as a result of your participation in the Event (unless caused by our negligence).
- You accept that should any medical or physical condition arise prior to the Event which is likely to affect your ability to compete, you will withdraw in accordance with these Conditions from the physical challenge albeit you may still take part as a support should you wish to. You also acknowledge the exclusion of liability and indemnity provided in clause 11 of these Conditions.
- You will ensure that you wear suitable clothing when participating in the Event so that the clothing is comfortable, does not overly restrict movement and is appropriate for the climate, the weather and the Event conditions
- You must complete the appropriate registration process at the times and on the day as instructed in the Event Information which will be issued by us before the Event.
- We may introduce cut off times as we see fit as part of the Event Rules, being limits on the time taken to complete sections of the Event (as initiated by us at our discretion) to ensure the safe and proper running of the Event. Subsequently, participants may be instructed to withdraw from the event in accordance with imposed cut off times.
- We reserve the right at any time to remove Participants from the Event or prevent Participants participating in the Event if in our sole discretion, we consider 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 Fee shall be made if the Participant has acted negligently, maliciously, with wilful misconduct or otherwise without due care and attention for the Event or other participants, so as to cause his/her removal.
- While we take every care with the staging of the Event, you acknowledge that personal accident and personal items insurance is your sole responsibility.
- The minimum age of entry is 17 years old on the day of the event.
- All decisions and rulings by us, our employees and our agents are considered final. Accordingly, you will comply with all Event rules and all instructions and guidelines given by stewards, marshals, and safety personnel. You acknowledge and agree that we 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 and any prizes that maybe offered.
- These Conditions and Event entry are personal to you and you may not assign any of its rights or obligations under this Agreement without our prior written consent. You represent and warrant that the Entry is purchased for your personal use only, that it cannot be donated free of charge, that it cannot be assigned, transferred, resold or offered for resale by anyone whether at a premium or otherwise and may not be used for advertising, promotion use as a prize (including in competitions and sweepstakes), travel packages, or for any other trade purposes. Donation, give away, resale or attempted resale is grounds for seizure or cancellation without refund or other compensation.
- You acknowledge and accept that circumstances concerning the Event may change from time to time for reasons out of our reasonable control or otherwise, without us incurring any liability and without any rights to withdrawal being accrued by you other than set out in clause 8.4 below.
- You are not permitted to use any 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.
- Entries from blind or visually impaired participants are welcome, however all such participants must be accompanied by a supporting participant. It is strongly advised that the blind participant and his /her guide should be appropriately identified, and must be linked together at all times.
- Event Bookings and Payments
- No VAT is chargeable on the Registration fee.
- You shall complete the Entry Form online and submit it together with payment of the Entry Fee online in accordance with our website.
- You shall not be eligible or entitled to participate in the Event until full payment of the Fee has been received by us. No payment shall be deemed to have been received until we have received cleared funds.
- Event Attendance
- It is your responsibility when completing the event registration/booking form to ensure the joining instructions are received by yourself. Instructions will be sent via e-mail to the e-mail address you provided on the booking form.
- If the joining instructions are not received, then it is your responsibility to contact us to arrange for them to be reissued.
- We will send all correspondence primarily via e-mail to the e-mail provided on the booking form. If alternative details are received after the booking form has been submitted, they will supersede the original details and all future correspondence will be sent to the new address.
- It may be necessary, for reasons beyond our control to change the content and timing of the Event, the date or the venue.
- Event Provisions
- Organising and financing any accommodation and travel are the responsibility of the participant.
- Where food and refreshments are to be provided, this will be stated on the event details and the cost included in the price quoted. Any special dietary requirements need to be notified in writing to BizFit in advance of the event, as specified in the event details.
- Withdrawal, Cancellations or Alterations
- We operate a 7 day cooling off period. Which means you are entitled to cancel your application to participate provided we receive written notice of cancellation within 7 days of payment of the Fee (payment being deemed made for the purposes of this clause 10.1 by clicking on the make payment link on our website). During this 7 day period you are able to cancel your entry and receive a full refund of the Fee by emailing email@example.com or writing to us at the address given on the website. The notice must be received by the end of the 7 day cooling off period.
- We reserve the right to change the date of the Event, the course or the route in its absolute discretion. Should a change of date be made, and you are unable to attend on the revised date, you have two weeks to inform us in writing from when the change in date is announced to request a refund of your Entrance Fee.
- You acknowledge that participant places are limited and payment of the Fee and reservation of the place has an effect on logistics and the subscription for the Event. Accordingly, subject to clauses 6.1 and 6.2 above, you may only withdraw from the Event other than in accordance with clause 6.2 above, subject to the following:
- If the Participant withdraws from the Event 40 days or more before the Event he/she will be offered a 50% partial refund or credit to be used against an entry into the same event the following year, provided such event takes place. Being a partial refund the participant will need to pay the additional fees before such future entry can be confirmed. The Participant shall only be entitled to roll an entry over once and it must be for the following year. All refunds, credits or guaranteed places must be completed prior to the future entry closing date or when the event / category is full whichever is the sooner.
- If a Participant pulls out of the Event 39 days or less before the Event he/she will receive no refund or credit but may, in the absolute discretion of the Event Organiser be offered a guaranteed place in the same event the following year, provided such event takes place. The participant will need to pay the full entry price at the time of entry. The Participant shall only be entitled to roll an entry over once and it must be for the following year.
- Notice of withdrawal from the Event must be communicated by emailing firstname.lastname@example.org. Withdrawals WILL NOT be accepted by telephone. Date of receipt of notice will dictate the available refund offer (if any) in accordance with this clause 10.
- In the event that we withdraw the offer of a place to the Participant in the Event for any reason at any time we will provide the Participant with a full refund of the Fee less a 10% administration charge, with no further liability whatsoever arising from such withdrawal. No refund shall be made where otherwise set out herein (including for the avoidance of doubt clauses 6.3, 6.6 and 6.12).
- The Event Organiser reserves the right to amend the Event format in their sole discretion or cancel the Event due to circumstances beyond its reasonable control. In the event of the Event being cancelled it shall provide the Participant with a full refund less a 10% administration charge with no further liability whatsoever arising from such cancellation, if the event is changed to another format, route or distance the Participant will not be entitled to any refund and there shall be no further liability whatsoever arising from such change of format
- Your participation in the Event is personal to you, you are strictly prohibited from swapping, selling or transferring your place in the Event or allowing any other person to participate in your place. If you are found to be in breach of this Condition we reserve the right to exclude you from participation in future Events
- Event Organiser Responsibilities/Liability
- Notwithstanding anything in these Conditions the Event Organiser shall not be liable to the Participant for any liability in contract, tort (including negligence) or otherwise for any loss of business, revenue or profits, anticipated savings or wasted expenditure, loss or damage of or to personal equipment belonging to the Participant or any indirect or consequential loss or damage whatsoever (notwithstanding that such loss was within the contemplation of the parties at the date of submitting the Entry Form) arising out of the Participant taking part in the Event or any other matter arising under these Conditions nor for an aggregate amount greater than the Fee paid by the Participant. Without limiting the foregoing, the Event Organiser will not be liable for any actions of any spectators or other third parties unless otherwise set out herein.
- Accordingly the Participant hereby expressly and irrevocably renounces, for him/herself, heirs and successors in title the right to any recourse or claims whatsoever against the Event Organiser, its officers, employees, suppliers and/or sponsors and/or persons for whom it is answerable
- (Associated Parties) as a result of any kind of physical, mental or other loss or damage of whatsoever nature (including any loss of earnings, profits, or pain and suffering) suffered by the Participant, directly or indirectly, or by his/her family or by any dependents and caused by an event in any way relating to the Participant’s participation in the Event, and the Participant hereby undertakes, for him/herself, heirs and successors in title to indemnify and hold harmless the Event Organiser, and the Associated Parties for any costs and/or amount which they or any of them may be required to pay as a result of any recourse or claim aforesaid by whomsoever made. The Participant also agrees to indemnify the Event Organiser and the Associated Parties for any claim, actions, liabilities or losses resulting from any breach of the Participant’s declarations above and/or the Participant’s negligent acts or omissions and/or wilful misconduct.
- Nothing in these Conditions shall exclude or limit the liability of the Event Organiser:
- for death or personal injury caused by the Event Organiser’s negligence;
- for fraud or fraudulent misrepresentation; or
- for any matter which it would be illegal for the Event Organiser to exclude or attempt to exclude liability.
- This clause 11 shall be read and construed and shall have effect subject to any limitation imposed by any applicable law.
- Publicity Data Protection and Results
- The Participant irrevocably consents to:
- his/her appearance in the Event being filmed, recorded, incorporated and exploited in whole or in part in any television programme, film, video or broadcast of whatever nature by all means and in all media and formats now or invented after the date of these Conditions; and
- the use and reproduction of the Participant’s name, likeness, appearance and photographs, films and recordings by all means and in all media for the purpose of advertising, publicity and otherwise in relation to the exploitation of the Event (and future events) and/or the promotion of the Event (and future events) and the commercial rights relating to the Event (and future events) provided that such use does not imply direct endorsement by the Participant of any official sponsor or supplier of the Event.
- Any film, photographs (by camera or mobile phone), or any other recording of moving or still picture, and all intellectual property in connection therewith (including but not limited to copyright) shall remain the property of the Event Organiser, and where such intellectual property does not automatically vest in the Event Organiser, these Conditions shall constitute a legally binding assignment thereof and/or the Participant shall sign all reasonable documentation required to give affect thereto. Accordingly any such recording shall not be used other than for private use without the Event Organiser’s prior written consent.
- For the purposes of this Condition, personal information includes medical data collected for health and safety purposes (“Personal Information”).
- You agree that your Personal Information can be stored, used by the Event Organiser and our 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.
- You agree that your Personal Information may be anonymised and the anonymised data may be used by the Event Organiser and our Event partners in connection with the compilation of statistical information and to improve health and safety procedures at future events.
- You agree to being added to a mailing list to keep you informed about (i) any future events and services organised/provided by the Event Organiser (or any other Company in our Group) which we believe you might be interested in; and/or (ii) to keep you informed about products and services offered by our Event Partners.
- 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 the Event Organiser, any other Company in our Group, or our 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 you would not like the Event Organiser 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 e-mail email@example.com. You may also withdraw your consent by ticking the appropriate box on your registration form.
- The Participant irrevocably consents to:
- These Conditions (and the documents referred to in them) constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to the Event. The Participant acknowledges and agrees that in submitting the Entry Form (and the documents referred to in it) it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty, understanding, promise or assurance (whether negligently or innocently made) of any person (whether party to these Conditions or not) other than as expressly set out in these Conditions.
- Nothing in these Conditions shall constitute or be deemed to constitute a partnership between the parties hereto or constitute or be deemed to constitute either party as agent of the other for any purpose whatsoever and neither party shall have authority or power to bind the other or to contract in the name of the other in any way or for any purpose.
- No waiver by either party of a breach or a default hereunder shall be effective unless in writing and signed by both parties and any such waiver shall not be deemed to be a waiver of any subsequent breach or default of the same or similar nature.
- To the extent permitted by law all provisions of these Conditions shall be severable and no provision shall be affected by the invalidity or unenforceability of any other provision with the remaining provisions if necessary, being so amended as shall be necessary to give effect to the spirit of these Conditions so far as possible.
- These Conditions shall be interpreted in accordance with the laws of England and Wales and any dispute arising hereunder shall be subject to the exclusive jurisdiction of the English Courts.