ABOUT THESE TERMS & CONDITIONS
These conditions set out the terms and conditions of Change Fundraising Limited (CRN 10788045) (referred to as the event terms and conditions) and shall apply to all quotations, offers, orders and contracts for the provision by us of an event. The Customer has decided of their own violation to complete the Event. The Customer is aware of the Health and Safety risks that the Event poses. All other terms and conditions of the Customer are hereby excluded.
In these terms and conditions, and the contract which incorporates them, the following words have the following meanings:
- “Contract Documents” mean (1) these Terms and Conditions; (2) General Disclaimer; (3) the Online Registration Form
- “Customer” means the individual or Lead Party that signs up for the Event.
- “Company” means Change Fundraising Limited (CRN 10788045) or any of their agents or contracted parties
- “Event” means the event which you have selected to enter as specified in the Online Registration Form
- “Event Pack” means the pack which is given upon registration at the Event
- “Event Participants” means the person completing the Online Registration Form
- “Fees” means the fee payable per Event Participant for participation in the Event and the provision of the services
- “General Form of Disclaimer” means the form of disclaimer concerning participation in the Event which must be completed prior to the submission of the Online Registration Form
- “Group Booking” means a booking by a Lead Party for at least four individuals who wish to participate in the Event
- “Group” means all of the individuals specified in the Group Booking
- “Lead Party” means the first named person on the Online Registration Form who must be at least eighteen years of age (18) who has authority to complete the Online Registration Form on behalf of the named individuals on the Online Registration Form and who is responsible for passing on any additional information to the persons on whose behalf the order is made
- “Order” means your order for the provision of the Services by the completion of the Online Registration Form
- “Our”, “We”, “Us” means the Company
- “Safety Briefing” means the mandatory safety briefing session held by us on the date of the event prior to the start of the event
- “Service” means the provision of the event that you have selected and completed in the Online Registration Form
- “Website” means www.newcastlefirewalk.co.uk
- “You”, “Your” means the person completing the Online Registration Form and participating in the Event, and in the case of a group booking, means all the individuals who have been registered on the Online Registration Form for the Event
We agree to supply to you and you agree to purchase the Service specified in the contract documents.
Initial Steps in Contract Formation
- You shall read these Terms and Conditions, the General Form of Disclaimer, and then shall proceed to the booking procedure pages following completion of the Online Registration Form.
- You must also sign a hard copy of the General Form of Disclaimer on attendance of the Event.
The Lead Party agrees that by completing the Online Registration Form and submitting an Order that:
- a) They have read these Terms and Conditions and have the authority to be bound by them on his/her on behalf and on behalf of all the individuals named in the Group Booking.
- c) They are over eighteen years of age and when placing an Order for Services with age restrictions declare that they and all members of the Group are of the appropriate age to participate in the Event for which they are registering.
By completing the Online Registration Form, the Lead Party warrants that they have the authority to accept and be bound by the Terms and Conditions on their own behalf and on behalf of the Group. The Lead Party shall indemnify and keep us indemnified against all and any liability, losses and/or claims which we may suffer or incur as a result of a breach of this warranty.
PRICES AND PAYMENT
Except in the event that alternative payment terms are stated in the Contract Documents, the following terms shall apply:
- The fees payable for the Service that you order can be found on the Website. Payment shall be by credit/debit card, the details of which you shall provide on the Online Registration Form. For further details on how your credit/debit card is protected refer to the clause below. Payment shall be accepted in pounds sterling only
- Included within the cost of registration.
Protection of Credit/Debit Card
- During the Order process, you will be directed to our banks secure internet payment gateway for processing using its electronic data processing scheme. Our bank has its own security measures in place to protect this information. Your bank details will not be kept by us.
Except in the event that alternative cancellation rights are stated in the Contract Documents, the following terms shall apply:-
Your Right to Terminate the Contract
- You may cancel your Contract with us for the Service by email to: email@example.com
- You must cancel your contract/your participation in the Event more than 6 weeks of the Event taking place for the cancellation to be effective.
- Subject to the terms contained herein, cancellation is confirmed when you send your cancellation email.
Consequences of Termination
- If you exercise your right to cancel the contract, we regret that we will not be able to defer your participation in the Event, grant you access to another Event or offer you a refund.
Our Right to Terminate the Contract
We reserve the right, in our absolute discretion, to terminate the Contract with you without liability, in the following circumstances:-
- a) If you fail to attend the Safety Briefing.
- b) If, in our opinion you are under the influence of any intoxicating substances which in our sole discretion we consider would put you and other event participants at risk.
- c) If in our opinion we consider that following your attendance at the Safety Briefing, you are not capable of participating in the Event.
- d) If having agreed and accepted the General Form Disclaimer on our website you do not sign the hard copy at the event itself.
- e) If you are pregnant, suffering from an illness or medical condition which you did not disclose at the time of registration for the Event, but about which we subsequently receive knowledge or suspicion.
Events beyond our Reasonable Control
We shall have no liability to you for any failure, other than that specified in the clause below, to carry out the Service you have ordered or for any delay in so doing due to any circumstances which is beyond our reasonable control, including but not limited to, severe adverse weather conditions, floods, fires explosions, strikes, lockouts and other industrial disputes, breakdown of systems or network access.
Consequences of Cancellation due to Events beyond our Reasonable Control
In the Event that we cancel the Contract due to events beyond our reasonable control, you shall have the following:-
- Postponement : Your place will be guaranteed for the Event on the rearranged date
- Payment of Refund – payment for the Event will only be refunded where the Event, for whatever reason, cannot be rescheduled.
- Substitution – will be granted by us where you have notified us of your desire to Substitute your place at the Event. Substitution will only be granted where:
- The Event is already scheduled and you give 6 weeks notice of your intended substitution;
- the Event has not been rescheduled you notify us within a reasonable timescale. What is considered reasonable will be at our sole discretion.
- We reserve the right to reject your request for Substitution where:
- You are the Lead Party or part of a Group Booking and you cannot substitute the same number of places that were allocated to you in the first place;
- The new party(s) do not comply with the terms of this contract; or
- we believe that the new party will not comply with these conditions.
- You will be bound by these agreements until the Substitute has complied with these conditions in your place and we reserve the right to be indemnified by you in the event that they do not.
Once you have notified us that you wish to have a refund, the sum debited to us from your credit/debit card, less the £10 Administration fee will be refunded to you as soon as possible and in any event within sixty (60) days of you notifying us that you require a refund.
Provision of the Service
We shall deliver the Service with reasonable care and skill and use our reasonable endeavours to deliver the Services in accordance with the specification set out on our Website.
Health and Safety
We shall provide a Safety Briefing on the day of the event prior to its start, this will be delivered by UK Firewalk and shall provide an overview of the course and advice on how to complete the Event safely. The Event will be staffed with appropriately, experienced and skilled marshals who are positioned around the course to oversee your safety whilst participating in the Event.
Completion of the Online Registration Form
You are responsible for the accuracy of the information that you provide on the Online Registration Form and it is your responsibility to contact us either by email or telephone to provide us with necessary amendments
It is your responsibility to ensure that you arrive at the Event in time to register and attend the Safety Briefing prior to the start of the Event. We shall have no liability to you should you fail to arrive in time, and shall not be obliged to offer any refund in such circumstances
Compliance with Age and Fitness Requirements
It is your responsibility to ensure that you are compliant with any age/height/ weight restrictions that may apply to an Event. If you do not meet these requirements you will not be entitled to participate in the Event.
It is your responsibility to inform us of any medical condition or illness which may affect your ability to participate in the Event. In case of a serious medical condition we may in our sole discretion require a letter or medical certificate from your health professional confirming that in their reasonable opinion you are able to take part in the Event. You agree that any failure to inform us of any medical condition or illness will entitle us to refuse to let you participate in the Event and terminate the contract without liability.
Compliance with Instructions
You shall comply with all reasonable instructions of our staff and marshals concerning the Event and your participation in it, and you agree and acknowledge that failure to attend the Safety Briefing and not wear clothing or materials provided shall entitle us to prevent you from participating in the Event, and we shall have no obligation to offer you any refund in such circumstances.
You must wear sensible clothing having regard to the Event and the weather conditions which may occur from time to time, and we shall have the right to prevent you from participating in the Event where you do not wear appropriate clothing.
EXCLUSION AND LIMITATION OF LIABILITY
Liability Excluded and Limited
In the Contract, references to our “liability” shall be to: our liability to you under or for breach of the Contract; our liability to you for or in respect of tort negligence, breach of statutory duty, liability imposed by statue, strict liability, accidental or negligent misrepresentation; and any other liability we may have to you whatsoever arising under, in conjunction with or in the course of the contract.
Liability Not Limited
We do not limit or exclude our liability to you for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation.
Excluded Types of Loss
Subject to the Condition headed “Liability Not Limited”, we shall have no liability to you for, but not limited to: loss of revenue, bargain, profit, anticipated savings, contract, business, expectation, use, production, or goodwill; any special indirect or consequential losses; your liability to any third party.
By participating in the Event you acknowledge that there are risks to your safety and that you participate at your own risk. You must accept the terms of the General Form Disclaimer on our website before you can submit your order and on arrival you must sign the hard copy of the General Form of Disclaimer.
You agree and give consent to taking of photographs and consent to the reproduction exhibition, review and exploitation, publication and transmission of any photographs, video or any other material that may be used before, during or after the Event.
Entire agreement: These conditions and other Contract Documents constitute the entire agreement between you and us.
Assignment: You must not assign or transfer the Contact without our prior written consent, which will not be unreasonably withheld.
Sub – contracting: We may sub – contract our obligations under the Contract.
Third Parties: The contract shall not confer any benefit on any third party or be enforceable by any third party.
Invalid Terms: Each of the terms of the contact is separate and severable. If any term is held to be void or invalid by any court, it shall be severed, and the remaining terms shall continue in full force.
Law: The Contract shall be governed by the Laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales.