DEFINITIONS

“Event” means the Eastbourne Triathlon.

“Event Information” means the communications setting out certain details relating to the Event that the Participants will receive no later than 5 days before the Event, via email communication and the Website.

“Event Organisers” means Beyond Sport Marketing.

“Fee” means the price of entry payable prior to participation.

“Online Registration Form” means the pages within the Website which must be completed prior to participation.

“Online Confirmation” means confirmation of acceptance (via email) to participate in the Event.

“Participant” means the named person on the official entry form.

Beyond Sport Marketing means an events and marketing agency with registered address at c/o Beyond Sport Marketing, The Old Casino, 28 Fourth Avenue, Hove, East Sussex, BN3 2PJ.

“Terms and Conditions” means the terms and conditions set out below.

“Website” means www.eastbournetriathlon.com

1    RACE REGISTRATION

1.1    The Event is an event that includes the Triathlon, SUP Triathlon and Aquabike. The Event is to be held at Western Lawns, Eastbourne on Sunday 3rd June 2018 and is operated by Beyond Sport Marketing.

1.2    Only persons aged 16 years or above on the day of the Event (3/6/2018) may register for the event.

1.3    The relevant date for registrations shall be the date the Participant receives the Online Confirmation. Participants can only register online through the Online Registration Form. The Event Organisers are not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer/Internet transmissions or other errors or malfunctions of any kind which may prevent receipt by the Event Organisers of a registration.

1.4    After clearance of the appropriate payment, the Participant shall receive the Online Confirmation. No refunds, transfer of places or deferrals shall be provided should a Participant be unable or unwilling to take part in the Event, for any reason save in exceptional circumstances as determined by the Event Organisers in their absolute discretion, which shall not include, without limitation, oversight of diary commitments, failure to acknowledge the full event scheduling or holidays.

1.5    The personal information provided by the Participant on the Online Registration Form when signing up to the Event will be stored on a secure web database, will only be used for the purpose of the Event by the Event Organiser or, to the extent that the Participant has provided the necessary consent, by a charity partner, and will not be shared with any other third parties. Participants may be contacted regarding the Event by post, email, telephone call or text messages.

1.6     Registration closes on  28th May 2018 or before if the event is full; all participants must have completed their Online Registration Form before this deadline.

1.7    Participants shall receive an official race number and swim cap and electronic timing chip at the Event. The electronic timing chip provided by the Event Organisers at the Event must be returned to the Event Organisers on completion of the Event. Failure to do so will incure a cost of £20 per chip.

1.9    The numbered race bib is personal to the Participant accepting the Terms and Conditions, and the Participant undertakes and agrees (i) to wearing the official numbered race bib assigned to his/her registration throughout the Event, and (ii) not to authorise or permit any third party to use their official numbered race bib for the Event.

1.10    Participants will be provided with a race number to wear which must be displayed at all times.  The race number should be displayed on the front of the Participant on their official numbered race bib during running formats and on the rear when mounted on the bike leg. Participants will also be provided with helmet and bike number stickers. Race numbers will be written on hand and leg, and also on the swimming cap provided to you on the day.

1.11   The Event Organisers will not be liable in any way to the Participant as a result of damage to or loss of the official numbered race bib or the electronic timing chip and shall not be responsible in any way for any failure of the technology of the electronic timing chip on the day of the Event.

1.12    If at any time it is discovered that any Participant should have been ineligible to participate in the Event (or if participation in the Event should have been refused for any reason whatsoever), the Event Organisers reserve the right to disqualify from/refuse entry to such Participant to the Event. Further, the Event Organisers reserve the right to reject at any time any Online Registration Form which is believed to be fraudulent, or to disqualify any Participant believed to have not complied with the Terms and Conditions from attending or participating in any future event operated by Beyond Sport Marketing. The Event Organisers shall not be liable in any way to the Participant (including by way of a refund of any Fee paid) as a result of any such disqualification or refusal.

1.13    If any provision in the Terms and Conditions, whether in full or in part, is held to be invalid or unenforceable, all other remaining provisions (in full or in part) shall continue to be valid and enforceable. The Terms and Conditions shall be subject to English law and the non-exclusive jurisdiction of the English Courts.

2    THE EVENT

2.1    The Event will be held on 3rd June 2018 at Western Lawns, Eastbourne.

2.2    The Event Organisers reserve the right to change the time, date, venue and/or format of the Event and to cancel the Event, in whole or in part, without liability to the Participant. The Event Organisers will notify all Participants of changes to the Event via email communication and the Website.

2.3    The Event Organisers reserve the right to refuse entry to the Event (or to disqualify from the Event) of any registered Participant not wearing their assigned official numbered race bib.

2.4    The course will be accurately measured by Beyond Sport Marketing prior to the Event. There will also be an accredited referee in attendance throughout the Event.

2.5    The Participant agrees to abide by the rules, instructions and regulations published and displayed from time to time by the Event Organisers or given on the day of the Event by race marshals, officials and police.

2.5.1 The technical rules for a BTF sanctioned event are provided on the Website. These must be read before acceptance of Terms and Conditions.

2.5.2 Swim caps to be provided by the Event Organisers to the Participant are likely to be latex swim caps and must be worn by all Participants.

2.6   The Participant is responsible for their own hydration before, during and after the Event. Drinks and recovery food will be available at the Event.

2.7    The only running and cycling times to be recorded by the Event Organisers at the Event will be those recorded by an electronic timing chip to be provided by the Event Organisers to the Participants, which is to be attached to the Participant’s ankle.

2.8    The Participant must register and rack their bicycle at the time provided in the Event Information.

2.9    The Participant is responsible for providing a bike for competition and a helmet must be worn at all times.

2.10    Spares for bicycles may not be available on site and it is the responsibility of the Participant to check that their bicycle is in appropriate condition (or to bring sufficient spare supplies) for riding on the Event day and complies with the BTF rules and regulations. Bicycles will also be checked on arrival at the transition zone.  Any bicycles that are deemed non-compliant with the BTF rules and regulations will be refused entry. If the Participant’s bicycle is not re-presented in a satisfactory standard before the Participant’s start time, the Participant will not be allowed to participate in the Event and the Event Organisers shall not be liable in any way to the Participant (including by way of a refund of any Fee paid) as a result of any such refusal. For the avoidance of doubt, notwithstanding the fact that the Event Organisers will conduct a check of each bicycle at the transition zone, the Event Organisers shall, subject to clause 3.6.4, not be liable in any way for the condition of the Participant’s bicycle.

2.11    No drugs, illegal substances, performance enhancing substances or intoxicants of any kind are permitted to be brought to the venue or used by any Participant either before or during participation in the Event. The Participant must abide by all BTF Competition and Doping rules, including rules and regulations of the International Triathlon Union (“ITU”). The Event Organisers reserve the right to refuse attendance at, or participation in, the Event by any persons found to have consumed or to have in their possession any drugs, illegal substances, performance enhancing substances or intoxicants of any kind without any liability to such persons (including by way of a refund of any Fee paid).

2.12   Participants will be disqualified by the Event Organisers without any liability to such participants (including by way of a refund of any Fee paid) for (i) any nudity in the transition area, (ii) cycling in the transition area at any time, (iii) use of mobile phones in the transition area or during the race or (iv) littering.  2 minute time penalties will be given to Participants by referees in transition for (i) removal of bikes from the rack before securing helmet straps, (ii) undoing helmet straps before placing bikes back in the rack after the cycle section, and (iii) mounting (or dismounting) bikes before the mount line.  Participants will either receive a penalty or be disqualified if they wear headphones during any phase of the race.

2.13   The referee’s decision is final in all respects.

2.14   The Event Organisers reserve the exclusive right and licence in perpetuity throughout the world (and, the Participant hereby grants the Event Organisers such exclusive right and licence) to interview and/or photograph and/or film Participants at the Event (or subsequent to the Event as the Event Organisers may reasonably require) and to the unlimited use in all current and future media (including without limitation, print, audio, audio visual, virtual media, the Internet, mobile telephony and so-called “3-G” technologies, CD-ROM or DVDs) of the Participant’s name, likeness and image or facsimile image, signature, voice, video and film portrayals and other means of identification of the Participant, and any biographical or other information or data related to the Participant (including race times and results), in connection with the production, advertisement, marketing or promotion of Beyond Sport Marketing or the Event.

3   EVENT PARTICIPATION – PARTICIPANT’S DECLARATION

3.1    The Participant agrees to be bound by the Terms and Conditions.

3.2   The Participant acknowledges that participation in and training for the Event involves potentially dangerous physical activity and inherent risks and dangers of accidents, personal injury (including death) and loss or damage to property. By completing and submitting the Online Registration Form, the Participant confirms that, to the best of their knowledge, they are healthy and fit to participate, they understand and have considered and evaluated the nature, scope and extent of the risks involved, and voluntarily and freely choose to assume these risks (except where any such personal and bodily injury, including death, is caused by the negligence of the Event Organisers or any of their employees).  The Participant further understands that the Event Organisers reserve the right without any liability to the Participant (including by way of a refund of any Fee paid) to refuse the Participant’s attendance at, and/or participation in, the Event.

3.3    The Participant acknowledges that any medical information provided during registration may, where deemed necessary, be used for assisting medical staff to treat or otherwise assist the Participant as a result of illness or injury at the Event. The Event Organisers shall not be under any obligation whatsoever to process, analyse, or otherwise take action on such information, either during or after the registration process. The Participant undertakes and agrees to inform the Event Organisers of any change in their medical condition from the date of registration up to and until the start of the Event. Should the Participant have any concerns, they should be checked by a doctor.

3.4    The Participants’ data will be used solely in accordance with current data protection legislation. The Participant acknowledges that personal information (provided during registration) can be stored, used and disclosed by the Event Organisers in connection with the organisation and administration of the Event and for the compilation of anonymised statistical information. The Participant agrees that if they become ill during or after the Event and/or receive medical attention or treatment from an Event medical provider, or any doctor or hospital, such persons are authorised to provide their details (including details of medical treatment) to the Event Organisers or others authorised by the Event Organiser, subject to maintaining appropriate levels of confidentiality.

3.4.1    The Event Organisers do not provide any insurance, whether life or medical or liability, for any illness, accident, injury, death, loss or damage that may arise in connection with the attendance at, and/or participation in the Event by each Participant.  The Participant is advised to obtain such insurance themselves if required.

3.5    Subject to clause 3.4, the Event Organisers shall take all reasonable steps to assess the safety and suitability of the Event location prior to the Event. The Event Organisers shall also arrange for the availability of an appropriate number of first aid and medical personnel according to the nature of the Event.  The Participant hereby authorises such medical personnel (both on-site or on-call) to administer first aid treatment or any medical treatment to the Participant or to transport the Participant in the event of any illness, accident or injury suffered by the Participant in connection with his/her participation in the Event, but the Event Organisers shall not be liable for such treatment or transportation by such third party.  The Participant shall be responsible for any medical or transport expenses specifically incurred in connection with any illness, accident or injury sustained or occurring in connection with participation in and/or attendance at the Event.

3.6    The Participant acknowledges and agrees that:

3.6.1    Subject to clause 3.6.4, the Participant shall:

3.6.1.1    irrevocably indemnify and hold harmless the Event Organisers (on a full indemnity basis) from and against all liabilities, claims, actions, proceedings, loss, damage, costs or expenses suffered or incurred by the Event Organisers in connection with any breach by the Participant of the Terms and Conditions; and

3.6.1.2    irrevocably indemnify and hold harmless the Event Organisers (on a full indemnity basis) from and for any sum, costs or expenses (including legal and professional fees) incurred, payable or paid by the Event Organisers to any person (including the Participant’s insurers) in connection with any accident, loss, damage or injury (including death) arising out of the Participant’s attendance at, participation in, or training for the Event.

3.6.2    Subject to clause 3.6.4, the Event Organisers shall not be liable to the Participant in contract, tort (including, without limitation, negligence) or otherwise in connection with the Event for loss of revenues, profits, contracts, business, anticipated savings, data, goodwill or reputation, or for any special or indirect or consequential losses, or for any personal injury to or death of the Participant;

3.6.3    Subject to clause 3.6.4, the Event Organiser’s liability to the Participant shall in any event be limited to the refund of the Fee.

3.6.4    Nothing in the Terms and Conditions shall affect the Event Organiser’s liability:

3.6.4.1    for death or personal injury resulting from the negligence of the Event Organisers or a deliberate act or omission of the Event Organisers, its employees or agents;

3.6.4.2    for breach of statutory duty;

3.6.4.3    for fraud or fraudulent misrepresentation; or

3.6.4.4    to the extent that liability cannot be excluded or limited by law.

3.7    Nothing in the Terms and Conditions shall affect any statutory rights to which the Participant may be entitled as a consumer.

3.8 The Event Organiser reserves the right to amend, remove or add any terms and conditions at any time.