Warrior Chimps – Terms & Conditions
The following Event Terms and Conditions (these “Terms”) must be carefully read and accepted in consideration of being permitted to enter (for any purpose) the Event operated by Warrior Chimps LTD of 6 Lebanon Close, Exeter, EX4 5EW (hereinafter, “Warrior Chimps”, “we”, “us”, “our”) during the
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1 DEFINITIONS – The following terms shall have the meaning set out opposite them below, unless the context otherwise requires:
Attendee – Means a person who attends the Event (Supporter or Participant);
Administration Fees – Booking Fee plus the Processing Fee; Booking Fee the top up administration fee charged on bookings for all team packages (not Solos). This is non refundable;
Online registration – Registrations made on our online booking form.
Charity Place – means a part-funded place whereby the participant pays a portion of the Entry Fee and the Title Charity pays the remaining amount;
Event Means – any event listed under Conquer24 organised by Warrior Chimps Ltd;
Entry Fee – the fee that must be paid to gain entry to the Event;
Event Email Address – Means firstname.lastname@example.org;
Event Website – means the official Event website found at www.warriorchimps.com ;
Organiser – means Warrior Chimps Ltd;
Solo Participant – A participant place secured for a Solo Runner. The solo runner must be 18 yrs or older, complete Registration and pay the Entry Fee plus administration Fees to secure their place;
Team Captain – A Participant who registers themselves and their Team name and pays the Entry Fees plus administration Fees on behalf of each participant within their Team of 2 or more;
Supporter – A person of the minimum age of 6 whom is at the event to support their Solo or Team Participant, subject to obtaining a pass from their Team or Solo Participant.
- You agree that by participating in, attending or accessing the Event, you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms and Conditions, then you must not participate in, attend or access the Event.
- Supplemental terms and conditions or documents that may be posted on our website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason.
- It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your participating in, attending or accessing the Event after the date such revised Terms and Conditions are posted.
- Participation and Registration
- You represent and warrant to Warrior Chimps that you have full legal authority and capacity to complete the registration for the Event (“Event Registration”), including accepting these Terms, on behalf of yourself and/or, where applicable, any party for whom you are registering (the “Registered Parties”).
- 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 these Terms on that child’s behalf.
- Further, by proceeding with Event Registration, you agree that these Terms shall apply equally to all of the Registered Parties. To the extent permitted by law, you agree that these Terms, whether for yourself and/or on behalf of another Registered Party (including, without limitation, any minor) to indemnify, defend, and hold Warrior Chimps harmless from any liability, claim, demand, cause of action, damage, loss, or expense (including court costs and reasonable legal fees) of any kind or nature (each, a “Claim” and collectively “Claims”), even in the event the Claim arises because a Registered Party is found by a court of competent jurisdiction to not be bound by these Terms. In addition, if, despite these Terms, any of the Registered Parties makes a Claim against Warrior Chimps, you agree to defend, indemnify, and hold Warrior Chimps harmless from such claim.
- Participation and Registration Requirements
- If you may register in the Solo or Pairs or Team Categories subject to the following:
- All online registrations must be made 7 days prior to the Event.
- You must be at least 18 years of age to register in the Solo or Pairs Category on the event day.
- Individuals aged between 16 and 17 on the event day may only register as part of a minimum team of three and at least one team member must be 18 years of age.
- Individuals below 15 years of age are unable to participate in any Event other than the kids fun run unless Warrior Chimps has expressly permitted or offered participation in writing including but not limited to Child Events or Charity Events.
- Team Captains must complete and submit the Registration Form which can be found at the Event Website and pay the Entry Fees and Administration Fees for the entire team. Once registered the Team Captain must invite Team members to enter their details via the registration platform.
- Each participant must agree to the disclaimer and these terms before participating in the event.
- Each Team Member is required to submit their own details through the relevant Team Captain.
- All participants agree to abide by the race rules set out on the Warrior Chimps website or any further supplemental rules asset out by the race directors, organisers (including medical staff, police and race day marshalls).
- All participants take part at their own risk and a disclaimer waiving all claims against Warrior Chimps and any party acting on its behalf must be completed by all entrants during online registration.
- Entry Fees
- The Entry Fees are as set out on our Event Website. The Entry Fee may vary depending upon, availability, selected package, venue requirements and/or regulations and we reserve the right to change prices at any time. All Entry Fees are inclusive of VAT. Events have a limited capacity. Prices may increase several times in the months prior to an event.
- We charge a processing fee in connection with your registration for an Event (“Processing Fee”). We may charge such fees at any time without notice prior to your purchase. Where we do charge processing fees, these will be clearly identified. Processing Fees are non-refundable. Unless otherwise stated in these terms and conditions.
- All Event Registration entry fees, including any Processing Fees, are subject to sales tax at the prevailing rate. VAT is charged at the rate of 20%.
- Cancelled and Rescheduled Events.
- You understand and agree that we reserve the right to cancel the Event because of circumstances beyond the reasonable control of Warrior Chimps including, without limitation, adverse weather (including, but not limited to, heat, tornadoes, earthquakes, fires, storms, lightning and floods), accidents, acts of war or terrorism, military conflicts or riots, epidemics, pandemics, global health crises, strikes, low entry numbers, and any legislation, regulations, ruling or omission of any relevant government, court, competent national authority or governing body, on advice of any security or police force, health authority and/or local authority consent or approval (or withdrawal of such consent or approval) 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.
- If an Event is cancelled or postponed, and you purchased your Event Registration via our online booking form, you will be permitted to transfer/defer your registration to another Event free of charge.
- We reserve the right to alter the start time of the Event. In the event of a change of start time you 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 for any change in start time for the Event, provided the Event takes place on the specified date of the Event.
- We reserve the right to amend the Event format, including changing the course and the distance, at our sole discretion. If the Event format, course, or distance, is changed, you will not be entitled to any refund and there shall be no further liability whatsoever arising from such change of format, course, or distance.
- We reserve the right to change the date of the Event. In the event of such change of date of the Event, and if you are unable to attend on the revised date, you will receive a free deferral of your Event Registration into another Event. If you are unable to transfer/defer your registration, we may issue you a refund for the amount paid for the Event Registration less any Processing Fees. If a refund is issued, it will be issued using the same method of payment that was used to purchase the Event Registration.
- If we have to cancel the event due to Covid-19 or any other pandemic we will offer a free deferral to one of our events, in the event you cannot defer your entry you will be eligible for a full refund Less the administration fees as described in the terms below.
- Under no circumstances will we be liable for travel or any other expenses that you or anyone else incurs in connection with a cancelled or postponed Event, or any deferral.
- Charity and Fundraising
- If a Participant wishes to enter as part of a Charity place, you may do so via a Charity Place during registration, and the following applies:
- The Participant must fundraise a minimum target of £250 or as otherwise agreed by the charity and must raise at least 50% of the minimum target 7 days prior to the Event.
- When entering a charity team the minimum target of £250 must be raised by each team member.
- Failure to raise the minimum target set out above may result in the removal from the Event.
- The Participant must reach the full target no later than 4 weeks after the Event.
- The Participant consents to share personal data with the Title Charity and agrees to be contacted by the charity in relation to participation in the event.
- The number of charity places will be limited and agreed by us and the charity before the event registration opens, We will not be able to accept any charity entries beyond the set limit.
- We (the event organiser) will have the right to sell places set aside for charity entry if the charity fails to sell the numbers allocated, therefore the number of available charity entries may change.
- The Participant acknowledges that by taking part via a Charity Place, the charity incurs cost and a cost and fundraising model based on the minimum target must be agreed with the charity prior to the event. This cost and fundraising model is agreed in advance with the charity and is on the basis that the minimum fundraising target will be reached.
- In case of Cancellation whether by Charity Participant or Warrior Chimps, donations will not be refunded by the charity.
- If multiple Charity Participants wish to form a Team they may do so, and as such share the responsibility for the minimum target per participant as described above. The Team Captain is required to acknowledges this responsibility when registering a Charity Team.
- If a participant from a Team does not fundraise or take part in the Event, the responsibility of their fundraising minimum is shared between the remaining members of the Team. The Team Captain acknowledges this responsibility during Registration.
- If a charity chooses to terminate the partnership with the Event prior to the Event, Charity Participant(s) will have the option to upgrade to a fully funded place.
- After the date you registered for the event you have a cooling off period of 14 “working days” during which you are entitled to cancel your entry if, for any reason, you decide you no longer want to take part in the event from the date the contract is concluded (i.e., the date we send our Confirmation email).
- However, this right expires if you have already Participated in the Event and excludes all Processing Fees paid in connection with your booking.
- Without limiting your rights under law, you agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to an Event registration that you purchased (for example by seeking, without good reason, a “chargeback” from the bank or credit card company that issued the card you used to purchase an Event registration from the Site).
- Event Registrations are personal and cannot be transferred to another person except as detailed below.
- We may cancel, relocate or change an event if circumstances beyond our control arise including, but not limited to, those circumstances detailed above. In such circumstances you will be given the option to transfer to another event, or to receive a refund of your Event Registration.
- In the event that you are unable to use the Event Registration you purchased, you may be permitted to transfer/defer your Event Registration in accordance with the Terms set out below.
- In the event that you are unhappy at the end of one of our events you may wish to claim a refund with our money back guarantee.
- In order to be eligible for our money back guarantee offer, the participant must have attended the registration desk and spoken with the race director before leaving the event and filled out the unhappy customer feedback form. Failure to comply with this rule will result in no money back guarantee being offered.
- Participants that have left the event without speaking with the race director and completing the feedback form will not be eligible for a refund under any circumstances.
- Event Registrations Transfers
- When transferring a registration, the participant will normally be responsible for the difference in price between the price paid for their Event Registration and the current price for the Event Registration they are transferring into. No refund will be provided where the price of the Registration being transferred into is lower than the price originally paid.
- The participant is solely responsible for transferring to another event via the online booking system and no responsibility for this will be taken on by the event organiser.
- Transfers can only be made to events that have availability. If an event you wish to transfer to is sold out it will not be possible to transfer.
- Customers will be charged the difference between the price they originally paid and the current price of the ticket they wish to transfer into. There is no additional transfer fee. Customers can only transfer into an event that has availability.
- Transferring to a different Person
- The deadline to change a participant name is 7 days prior to the scheduled event start date and may be done via your online booking account.
- The participant is responsible for making sure the new name and details are correct.
- If outside of the deadline, contact us.
- A registration transfer fee may apply. Any transfer is subject to availability. This action cancels the original booking and establishes a new booking. Warrior Chimps is unable to transfer payment, or value, from one person to another except as outlined above.
- Changing Team Size
- Participants may change Team sizes subject to availability through your online booking account up until 7 days prior to the scheduled event start date.
- We cannot guarantee availability of medals and T-shirts for any team members added 4 weeks prior to the event.
- No refund will be provided where the Team size is lower than the initial Team size.
- Team captains are responsible for checking all team members details are correct.
- Billing Information Verification and Order Confirmation
- Event Registration is subject to credit card approval, and is processed only after a billing address, and other billing information, has been verified. Occasionally, we receive incorrect billing or credit card account information for an Event Registration that can delay processing and delivery. In these cases, our customer service or registration services will attempt to contact you, using the information provided at the time of purchase. If we are unable to reach you after our initial attempt, we may cancel your order without further notice (in which case you will not be charged).
- Notwithstanding the above, if you do not receive a confirmation e-mail after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm the booking whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. We will not be responsible for technical faults or any losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.
- Assumption of Risk and Consent to Medical Care
- The Event involves inherent risks and dangers to participants and observers and, accordingly, you participate or observe at your own risk. Warrior Chimps does not conduct health or fitness checks on Event entrants or participants. Events may be held in remote areas or on rugged terrain, and under varying weather conditions. Warrior Chimps is committed to providing a safe and enjoyable Event experience for participants and spectators; however, injury can occur. Stay alert at all times before, during and after the Event. If injured, immediately ask a staff member to call for medical assistance or for directions to a medical station.
- You represent and warrant that you (and any Registered Parties) are in good physical condition, are able to safely participate in the Event, and have no medical condition that would make your (or any Registered Parties’) participation in the Event more hazardous. You consent to medical care and transportation in order to obtain treatment of injury to you and understand that these Terms extend 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 organisations, clinics, or hospitals), including, but not limited to ambulance transport, hospital stays, physician, and pharmaceutical goods and services.
- You represent that you (and any Registered Parties) have read, understood and will abide by Warrior Chimps’ COVID-19 Safety Guidelines. Further, you represent that you will not attend the Event if you are showing symptoms of COVID-19 or have been in recent contact with someone who is.
- Warrior Chimps shall not be liable to you for any reason under or in relation to these Terms, or an Event for any:
- loss of profit;
- loss of reputation;
- loss of data;
- loss of business, revenue or goodwill;
- loss of anticipated savings;
- pledges made on your behalf or by you to a charity;
- your travel or other expenses incurred in relation to any cancelled or postponed Event;
- any other indirect or consequential loss or damage,
- in each case regardless of whether such loss or damage is reasonably foreseeable or is in the contemplation of parties.
- Without limiting the foregoing, Warrior Chimps will not be responsible for (i) the use or the inability to use the Sites, Warrior Chimps products or services; (ii) 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 Sites; (iii) your participation in any promotion or program coordinated by Warrior Chimps; (iv) personal injury (other than arising due to negligence by or on behalf of Warrior Chimps); (v) unauthorised access to or alteration of your transmissions or data; (vi) statements or conduct of any third party on the Warrior Chimps Sites; (vii) any other matter relating to the Sites, or Warrior Chimps products or services.
- You agree that Warrior Chimps` maximum liability to you, for any reason or cause whatsoever, shall not exceed the total amount of monies received by Warrior Chimps from you.
- Nothing in these Terms shall be construed as limiting or excluding Warrior Chimps` liability for: death or personal injury resulting from negligence, fraud or fraudulent misrepresentation or 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 these Terms.
- Disclaimer of Warranties
- You expressly agree that use of Warrior Chimps’ services is at your sole risk. The services are provided on an “as is” and “as available” basis. Warrior Chimps makes no warranty that the site’s services will be uninterrupted, secure, or error free.
- Warrior Chimps 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. Warrior Chimps does not guarantee the accuracy or completeness of any information on, or provided in connection with, the sites. Warrior Chimps is not responsible for any errors or omissions, or for the results obtained from the use of such information.
- License; Ejection; No Redemption Value.
- You agree to observe and obey all posted rules and warnings, to follow any instructions or directions provided to you by Warrior Chimps and/or the owner of the venue where the Event is hosted (the “Venue Owner”) 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 behaviour at all times while at the Event and to obey all applicable laws or rules issued by Warrior Chimps or the Venue Owner (the “Event Rules”) while participating in or attending the Event. This includes, generally, respect for other people, equipment, facilities, or property.
- You agree that Event officials may disqualify you from the Event and/or eject you from the Venue premises, without refund, should your behaviour, in the opinion of Warrior Chimps or the Venue Owner, endanger the safety of the Event or violate the Event Rules. Breach of these Terms or any applicable rules will terminate your license to attend the Event without refund and may also, at the discretion of Warrior Chimps, prohibit you from registering and/or attending future Warrior Chimps events. An Event registration is a revocable license and admission may be refused for any other reason upon refunding the face amount of the Event registration. An Event registration receipt is not redeemable for cash.
- Collection And Use of Data.
- Recording, Transmission and Exhibition.
You agree that the Event is a public event, that your appearance and actions inside and outside the Venue where the Event occurs are public in nature, and that you have no expectation of privacy with regard to your actions or conduct at the Event. You, on behalf of yourself, and, if applicable, your Registered Party(ies), irrevocably grant unlimited permission to Warrior Chimps to use, reproduce, sell, disseminate and distribute any and all photographs, images, videotapes, motion pictures, recordings, or any other depiction of any kind of your (or your child/ward’s) participation in an Event or related activity for any legitimate purpose in perpetuity and you understand that you (or your Registered Party(ies) will not be entitled to any compensation in connection therewith. You further hereby irrevocably and absolutely grant permission to the Warrior Chimps to film, videotape and record your (or your Registered Party(ies) performance of in the Event and subsequently to telecast, sell, distribute and otherwise utilise the same in whatever manner Warrior Chimps shall deem appropriate. Such permission shall include granting the unlimited and irrevocable rights to Warrior Chimps, without compensation of any kind to you (or your Registered Party(ies), to use, reproduce or broadcast, your (or your Registered Party(ies)’ name, nickname, image, likeness, voice, photograph, signature facsimile, and biographical information in connection with the Event. You acknowledge that Warrior Chimps shall have unlimited right throughout the world to copyright, use, reuse, publish, republish, broadcast and otherwise distribute depictions of or information about you (or your Registered Party(ies) and all or any portion of the Event in which you (or your Registered Party(ies) may appear on any and all radio, network, cable and local television programs and in any print materials and in any other format or media (including electronic media) now known or hereafter devised in perpetuity and without compensation.
- Safety and Security
- You and your belongings may be searched on entry to or at the Event. You consent to such searches and waive any related claims that may arise. If you elect not to consent to such searches, you may be denied entry to or ejected from the Event without refund or other compensation. Certain items may not be brought onto the premises of any Event Venue, including without limitation, alcohol, drugs, controlled substances, firearms, or knives.
- You understand and agree that you are responsible for taking care of your own belongings during the Event and, to the maximum extent permitted by law, neither Warrior Chimps nor the Venue Owner is responsible for any personal item or property that is lost, damaged or stolen at the Event.
- We will have the right to disqualify participants from the event and remove participants from the venue that are seen to be a danger to themselves or others.
- Attendees under the age of 18 are not permitted to consume alcohol at the Event. We reserve the right to remove alcohol from any person who cannot prove that they are over 18.
- Participants not abiding by the race rules set our prior to the event may be disqualified and removed from the venue without warning.
- Unlawful Resale of Event Registration; Promotions.
Unlawful resale (or attempted resale), counterfeit or copy of Event passes or promotional codes are grounds for seizure and cancellation without compensation. You are responsible for complying with all applicable ticket resale laws. Promotional codes or passes may not be used for advertising, promotions, contests, or sweepstakes, unless formal written authorisation is given by us.
- Events beyond reasonable control
Warrior Chimps will be not held responsible for any delay or failure to perform or comply with our obligations under these Terms when the delay or failure arises from any cause which is beyond Warrior Chimps’ reasonable control.
Each provision of these Terms shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of these Terms.
- Applicable law and jurisdiction
These Terms shall be governed by the laws of England and Wales. The laws of England and Wales applies to the sales contract, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and Warrior Chimps and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
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