The following expressions shall have the following meanings:
1.1 “Organiser” means Team DillonCoaching Limited, a company registered in England& Wales with company registration number 06514909;
1.2 “Events” means swimming and/or cycling and/or running activities relating to triathlon, or other multi-sport events, training, races and other activities organised, sanctioned or arranged by or through the Organiser;
1.3 “Participant” means the person named on the Application Form who will be participating in the Events;
1.4 “Agreement” means the contract between the Organiser and the Participant for the provision of the Events incorporating these Terms and Conditions;
1.5 “Application Form” means the website pages which must be completed in order to participate in the Events;
1.6 “Fees” means the monthly price to participate in the Events as set out in the Application Form;
1.7 “Initial Fee” means the first instalment of the Fees required for the Participant to commence participation in the Events.
2.1 These Terms and Conditions (and the documents referred to therein) constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to the Events.
2.2 A variation of these Terms and Conditions is only valid if the Organiser gives notice to the Participant in writing (including via email).
2.3 The Participant understands and acknowledges that he/she is legally agreeing to the statements in the following paragraphs of these Terms and Conditions and that these statements are being accepted by the Organiser in consideration of permitting the Participant to participate in the Events; and the Participant further understands and acknowledges that his/her statements are being relied upon by the Organiser, its administrators, representatives, volunteers, staff, officials, contractors, employees, agents and all other persons involved in the Events.
The Participant shall be deemed to have accepted these Terms and Conditions upon completion of the Application Form.
4 PRICE AND PAYMENT
4.1 The Fees are as specified in the Application Form.
4.2 In consideration for being granted the right to participate in the Events, the Participant must pay the Initial Fee before commencement of the Events.
4.3 The Participant shall not be eligible or entitled to participate in the Events until full payment of the Initial Fee has been received by the Organiser. No payment shall be deemed to have been received until the Organiser has received cleared funds.
4.4 Payment of the Fees shall be made in advance by standing order in accordance with the instructions and bank details specified by the Organiser upon receipt of the completed Application Form.
The Participant acknowledges that the Events can be an extreme test of a person’s physical and mental limits which carries with it the potential for death, serious injury and/or property damage. The Participant acknowledges and agrees that it is their sole responsibility to determine whether he/she is sufficiently fit and healthy to safely participate in any Events, and the Participant attests and certifies that he/she will be sufficiently fit and physically trained to participate in the Events.
6 LIABILITIES AND RISKS
6.1 The Participant on behalf of him/herself, his/her executors, administrators, heirs, next of kin, successors and assigns HEREBY WAIVES, RELEASES, and FOREVER DISCHARGES, INDEMNIFIES and HOLDS HARMLESS the Organiser, its administrators, representatives, volunteers, staff, officials, contractors, employees, agents and all other persons involved in the Events from and against any and all claims, causes of actions, damages, losses (economic and non-economic), and liabilities of every kind (“Claims“) (apart from death or personal injury caused by the negligence of the Organiser) which may arise out of, result from, or relate to participation in any of the Events.
6.2 The Participant acknowledges and ASSUMES ALL OF THE RISKS of running, cycling, swimming and participating in all aspects of any Events (“Risks“). The Participant acknowledges that the Risks may include dangerous conditions and exposure to potential physical injury or even death and that the Participant is waiving and releasing his/her legal rights to make a claim (apart from death or personal injury caused by the negligence of the Organiser) in relation to any injury or damages arising out of or resulting from all such Risks.
7.1 Participation in the Events shall continue until terminated by either party by giving at least one month’s notice in writing (including via email) of its intention to terminate the Agreement.
7.2 The Organiser shall have the right to terminate this Agreement with immediate effect by notice in writing (including via email) to the Participant if the Participant fails to make any payment when it becomes due.
8 PUBLICITY AND PRIVACY
8.1 The Participant irrevocably consents to the use and reproduction of his/her 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 Events (and future events) and/or the promotion of the Events (and future events) and the commercial rights relating to the Events (and future events) provided that such use does not imply direct endorsement by the Participant of any official sponsor or supplier of the Events.
8.2 The Organiser will contact the Participant from time to time about the Events and related activity. If at any time the Participant wishes to be removed from the general mailing list, he/she can click on the unsubscribe link within the email or contact the Organiser to request removal from the list.
8.3 The Organiser will not pass the Participant’s details onto any third parties without his/her express permission except in the following circumstances:
8.3.1 Sharing information with trusted third parties who assist in operating the business and who agree to keep information confidential;
8.3.2 Releasing information where it is necessary to comply with any applicable law or an order of a law enforcement body;
8.3.3 Disclosing your information to a successor of the business in the event of the sale or merger of the Organiser.
9 RELATIONSHIP OF PARTIES
Nothing in the Agreement shall be construed as establishing or implying a partnership or joint venture between the parties or suggest that either of the parties are agent for the other.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
11 GOVERNING LAW
These Terms and Conditions shall be interpreted in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts.