North v South Terms & Conditions
It is important that you read these terms and conditions carefully as they, together with your booking confirmation, and our Privacy Policy form the contract between you and us (the “Contract”). You should not pay the Event Participation Fee or Participate in the Event if you do not agree to these Event Terms and Conditions.
Race the Capitals T&Cs
The following definitions shall apply to these terms and conditions:
Business Days means a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Event Entry means the confirmation of your entry to the Event following your payment of the Event Participation Fee.
Event means the Race the Capitals event which you have registered to take part in.
Event Participation Fee is the fee payable by you to North v South in consideration of your participation in the Event.
Force Majeure means events, circumstances or any causes beyond our reasonable control including, but not limited to, adverse weather conditions, flooding, landslides, social or political unrest, war, riot, terrorist activity (threatened or actual), disease, epidemic, pandemic, quarantine, acts of government or public authorities, public health issues and famine.
Image means your name, likeness, image, photograph, voice, words (spoken or written) initials and biographical and statistical information, video/film footage and any reproduction or simulation thereof;
Imagery means any photographs, videos/films, sound and/or media recordings taken of you during or in connection with the Event, which display your Image.
Lead Participant means the Participant who makes the booking on their and their group/party’s behalf.
Losses means any damage, compensation, loss, costs or expenses (including legal costs and expenses) that arise out of your participation in the Event including, but not limited to, (i) injury, illness or death sustained by a Participant or Spectator or (ii) damage or loss of a Participant/Spectator’s property/equipment/baggage at an Event.
Participant (you/your) means an individual participating in the Event.
Participation means actual participation in the Event by the Participant. “Participate” shall be construed accordingly.
North v South (we/our/us) means 4303 Events Limited registered in England at 38 Whitefield Road, Warrington, WA4 6LZ (address not to be used for correspondence) and under Company Number 15955997.
North v South Customer Service means 4303 Events Limited, E-mail: enquiries@north-v-south.com (to be used for all correspondence/communications with us).
Spectator(s) means any person that attends an Event location to watch Participants take part in that Event.
1. Purchasing your Event Entry
1.1. To purchase an Event Entry, you must complete the online entry form.
1.2. To purchase an Event Entry, you must be a minimum of 18 years old as at the start date of the Event.
1.3. The Contract between you and us will come into existence once you have paid the Event Participation Fee and received your Event Entry which is subject to and made on the provisions of these terms and conditions. As part of the Contract, you agree to Participate in the Event on the terms and conditions set out herein. You confirm and guarantee that you have authority to enter into and accept the terms of the booking on your, and any other person included in your booking’s, behalf. Once the Contract comes into existence, you agree to abide by any instructions given to you by us or any of our officials regarding your Participation in the Event.
2. Pricing and Payment
2.1. Once you proceed with your Event Entry purchase, you will be required to select your preferred payment method. You must pay the total price for your Event Entry in full when you book.
2.2 Except as expressly provided herein, the Event Participation Fee is non-refundable.
2.3 You acknowledge and agree that the Event Participation Fee represents good and valuable consideration for your Participation in the Event and our use of your Image in connection therewith.
3. Hazards & Risks
3.1. You acknowledge that the Event, by its nature, terrain and/or location, is potentially hazardous and dangerous to Participants and that Participation carries a risk of serious personal injury and/or death to you and others and/or damage to equipment/kit/property. You are solely responsible for assessing on each occasion whether you should Participate or continue to Participate in an Event, and acknowledge that Participation is at your own risk.
3.2. The specific details about the Event will be made available to you on our website before you purchase your Event Entry. If after you have read this information you are unsure of the risks associated with your Event or if you would like to discuss these further, please contact enquiries@north-v-south.com before purchasing your Event Entry.
3.3. If you choose to take part in the Event, you commit to do so with full knowledge and understanding of the risks associated with participation in the Event. It is your sole responsibility to inform yourself of the risks involved and you are strongly advised to take every reasonable precaution to avoid such risks. It is also your responsibility to exercise reasonable care and attention whilst participating in your Event. You are expected to be able to look after yourself/other Participants included in your booking.
3.4. The Event route is pre-set for you to follow. The routes may require running and/or cycling on public roadways and/or on rough or uneven terrains which pose inherent hazards and risks. By entering the Event, you acknowledge and agree that you will exercise every possible caution when using the pre-set Event route(s). If you choose to deviate from this route, you do so at your own risk and we accept no liability for any Losses incurred by you in these circumstances (except death or personal injury arising out of our negligence).
3.5. Events take place outside in varied, sometimes extreme, weather conditions (often with little or no warning). You are expected and remain responsible for preparing yourself for the weather conditions of the day accordingly.
4. Equipment
Loss, Theft & Damage of Equipment/Kit/Property
Your property shall be your own responsibility and we do not accept any liability for loss, theft or damage to such property. This includes any transport of your property by us during the Event.
5. Medical/Fitness Requirements
5.1. Because of the nature of the Event, it is not generally suitable for persons with reduced mobility. If you have a medical condition or disability that may affect your participation in an Event, you must provide us with full disclosure of this and any special requirements that you may have prior to booking the Event with us (or if such special requirements arise after you have booked your Event, as soon as you become aware of these).
5.2. Participation in the Event involves strenuous physical exertion and you will be required to be active for long periods of time. You may also need to be active through extreme weather conditions (including inclement weather and/or very hot or cold weather). By entering the Event, you acknowledge these facts and you accept that it is your sole responsibility to ensure that you have a level of fitness and medical condition at least adequate for the Event requirements. By purchasing an Event Entry, you declare that you are physically fit and healthy enough to participate in the Event and any of its advertised activities.
5.3. If you require further information regarding the Event to determine if it is suitable for you/your level of fitness/any medical condition you may have, please contact North v South before you purchase your Event Entry.
5.4. We reserve the right to not accept your Event booking if, after taking into consideration your special requirements, condition, disability or fitness levels, we reasonably believe that an Event is not suitable/safe for you to participate in. We also reserve the right to cancel your Event reservation and impose applicable cancellation charges if we subsequently become aware:
5.4.1. that your level of fitness is not sufficient for you to safely participate in the Event you have reserved a place in; or
5.4.2. of any medical condition/disability that you have (i) not made us aware of, or (ii) which you are diagnosed with after booking, if we reasonably believe your Event is not suitable/safe for you to continue to participate in.
Where we cancel in the circumstances listed in paragraphs 5.4.1 – 5.4.2, we will not be liable for any costs or expenses that you incur and will not be obliged to refund any fees already paid by you.
5.5. If you have any specific medical details which you believe may be important, you should retain these in writing at all times during the Event to ensure that anyone coming to your aid is aware of them.
6. Event Rules
6.1. Without prejudice to anything else set out herein, you shall comply with the Event rules and regulations set out in this paragraph 6 and any additional Event rules reasonably brought to your attention prior to your Participation in the Event. Failure to comply with such rules and regulations may lead to us disqualifying or cancelling your Participation in the Event without liability. You understand and accept that failure to comply with any of these terms and conditions (including the Event Rules) or the health and safety rules of the Event may, at North v South’ sole discretion, result in your disqualification from the Event. In such circumstances you may be asked to leave the Event site/location and our standard cancellation charges will apply.
Event Do’s and Don’ts
6.2. It is your sole responsibility to comply at all times during the Event with all applicable laws, byelaws and regulations, including without limitation, all speed regulations, road traffic laws (including the Highway Code and such local requirements that may be in place) and laws relating to the possession or use of alcohol, drugs or other prohibited substances.
6.4. You accept that the Event Director’s decision is final in all cases.
6.5. You MUST:
6.5.1. show respect for the environment, landowners, local communities and other recreational users and Participants;
6.5.2. ensure that you are wearing or carrying the appropriate (mandatory and/or recommended) equipment/kit at all times during the Event;
6.5.3. dress appropriately for the Event’s conditions, taking into consideration the weather on the day of your Event, which can vary. It is your sole responsibility to select and wear appropriate clothing, footwear and other garments. We will not be liable for any injury or any loss which is a result of you not wearing appropriate clothing and/or footwear;
6.5.4. notify the Event organisers of any significant medical history applicable to you;
6.5.5. stop and assist using reasonable endeavours any competitors in need of medical attention and alert an event organiser;
6.5.6. in an emergency, attract attention by (for example) using a whistle or voice or hand gestures and raise the alarm to other Participants/Event staff. In the event of a true emergency you must contact 999/112. There may also be an emergency protocol specifically issued for the Event for you to follow, which we will make made available to you;
6.5.7. go to the aid of any Participant requiring medical assistance that is in proximity to you, and alert an Event organiser before continuing on your Event journey; and
6.5.8. co-operate with Event organisers at all times.
6.6. You must NOT:
6.6.1. stray off the course or enter out-of-bounds areas;
6.6.2. accept outside assistance during the Event;
6.6.3. use public transport and/or transport in cars or other vehicles at any time during the Event unless permitted by the Event organisers to do so;
6.6.4. at any time drop any litter on any part of the course;
6.6.5 copy or convert our intellectual property rights (including our registered trade marks) without our express written permission.
Event Obstacles and Naturally Occurring Course Challenges
6.7. You are expected to tackle any Event obstacles or naturally occurring on-course challenges that may be present sensibly, and with the knowledge that you can make decisions independent from any verbal instruction from Event organisers that may be present (for example, determining whether you consider yourself able to tackle these Event obstacles/challenges).
6.8. If you approach a naturally occurring on-course challenge and you are unsure how it should be tackled in the safest manner, you should consult an Event organiser who may be able to offer some instructions. Alternatively consult any signs that may be present. In the absence of an organiser or specific signage (both or either of which may or may not be present) bypass the obstacle. Only attempt to tackle a challenge if you are entirely sure of the method of engagement and you are confident that you have the ability to do so safely. Should you not be able to complete the part of the course, contact an event organiser who will organise an alternative course for you.
North v South Event Equipment
6.9. Where we provide you with equipment, you are expected to treat such equipment with care and respect. If in North v South’s reasonable opinion, you are found to have damaged our equipment (either wilfully, maliciously, negligently or by mistake) or if you fail to return our equipment at the end of the Event you will be responsible for paying the cost of replacing the damaged equipment to us.
7. North v South Event Entry Refund
7.1. Once you have purchased an Event Entry and reserved your place in an Event, you will be entitled to a full refund of your entry should you give written notice to enquiries@north-v-south.com prior to the date which falls 3 months before the start date of the Event.
7.2 You will not be entitled to any refund if notice of cancellation is given within the 3 months up to the Event start date regardless of the reason for such cancellation.
7.3 If you fail to attend on the day of the Event, or are unable to register*, you are deemed to have unilaterally cancelled your entire Event Participation and you will not be entitled to a refund of your Event Participation Fee. *If North v South (for your own safety) on the day of the Event deems in its’ reasonable opinion that your physical fitness level is insufficient to allow you to take part safely in the Event. You accept that the Event Director’s decision on whether you are allowed to participate in the Event shall be final.
8. Your Behaviour
8.1. When you book the Event, you are responsible for your conduct whilst participating in the Event. We reserve the right at any time to refuse your entry into or your further Participation in an Event if, in our reasonable opinion, your behaviour has or is likely to cause danger, upset, distress to you, any other Participant, Spectator, Event organisers or to property. If we exercise our rights under this paragraph, you will not be entitled to a refund from us. We will also not be liable to you for any compensation or for any third-party costs, expenses or losses (including, but not limited to, travel costs, accommodation and/or hire services) incurred by you as a result of your removal from an Event.
8.2. If you cause damage to any property (intentional or otherwise), you will be responsible for the cost of this damage and you agree to fully indemnify us for the full amount of any losses, damages, compensation, claims, costs and expenses (including all legal costs and expenses) made against us by the property owner or by any third party.
9. Filming / Photography & Intellectual Property Rights
9.1. By registering for the Event, you agree and consent for you and on behalf of any other Participants included in your booking that any Imagery of you in connection with the Event (including as captured during the Event) and any publicly available biographical material of you may be used by us, or our third party commercial partners, for reproduction in any publication, presentation, footage of the Event, sales, publicity of the Event, related promotional material or marketing communication (including email or any other electronic communication) without limitation, throughout the world, and without charge.
9.2 You hereby grant us the right to use your Image by all means and in all media throughout the world and perpetuity for the purposes of advertising, marketing, and promoting the Event, and you to the fullest extent possible, waive all moral rights (and any related rights) which may exist in any content captured by us which includes your Image during or in connection with the Event and/or future events operated by North v South. This shall include (without limitation) making available, communicating to the public, distributing, broadcasting, transmitting, streaming, exhibiting, publicly performing, reproducing, and making copies of Imagery as part of promotional materials in connection with the Event and/or North vs South.
9.3. You agree to bring this entire paragraph 9 to your entire party’s attention before purchasing your Event Entry. Nothing in this entire paragraph 9 shall, however, prevent you or any of your party from contacting us to withdraw your consent for processing your Imagery at any time. For the avoidance of doubt, this paragraph 9 should be read in conjunction with paragraph 10 (Data Protection).
9.4. You agree that we have sole discretion to use (or refuse to use) this. You also agree that we may use or edit such Imagery at our sole discretion.
9.5. To the extent permitted by law, you expressly waive any claims against us (including our directors, officers, agents, employees, consultants, licensees and assignees) in relation to any issues concerning the invasion of privacy, defamation or any other cause of action whatsoever arising out of the making available, communicating to the public, distributing, broadcasting, transmitting, streaming, exhibiting, publicly performing, reproducing, and making copies of Imagery for the purposes outlined in this clause 9 whilst your consent to use your Imagery/publicly available biographical material remains valid.
9.6. If you wish to engage a third party for the purpose of commercial filming, photography and/or collecting Imagery of you at the Event, you must request our written consent prior to the Event.
9.7. You are welcome to take photographs, film footage and create imagery of your participation in the Event for non-commercial purposes (that is for personal and private use only). No written permission is required for the publication of personal images on social media sharing websites such as Facebook and Instagram.
9.8. You are NOT permitted to reproduce or use photographs, film footage or Imagery of the Event taken by you for any commercial purpose (including, but not limited to, on websites, in any printed media or matter or in any television programme) without first obtaining our prior written consent.
9.9. Where paragraphs 9.6 – 9.8 apply, you agree to make all Imagery obtained by you available for us to use, without charge, for the uses outlined in paragraph 9.1. We shall, in our sole discretion, decide whether or not to use the Imagery for these purposes. Your right to withdraw your consent to our using your Imagery shall apply equally to Imagery obtained by you.
9.10. To the extent permitted by law, you agree to assign (by way of present assignment of future copyright) to us all rights, title and interests in the world-wide copyright and all intellectual property rights in such reproduced or used photographs or footage together with exclusive world-wide rights of exploitation where it is necessary in order for us to use your Imagery for the uses set out in paragraph 9.1.
10. Liability
10.1 To the fullest extent permitted by law, and in consideration for being allowed to register for, be present at and Participate in the Event, you (and on behalf of any guest you register) hereby release North v South entirely from and agree not to hold liable or institute any claim against North v South with respect to any Losses that may be incurred by you as a result of your registration for and/or your Participation in the Event wherever, whenever or however the same may occur.
10.2 To the fullest extent permitted by law, North v South does not accept liability for any Losses sustained by you/other Participants included in your Event booking which arise out of Participation in the Event.
11. Data Protection
11.1. When you register for the Event, you agree to providing your personal data (including as set out in your Image) to us. To the extent that we process your personal data we shall do as a controller.
11.2 We will handle personal data in accordance with our privacy policy - which can be found at https://www.north-v-south.com/privacy-policy.
11.3 Certain personal data collected from you in relation to your registration and Participation in the Event will include, for example, your name, address, dietary requirements, contact details, will be used for the purposes of Event and registration administration. To the extent that it is necessary in the delivery and administration of the Event this personal data will be passed to our suppliers (including accommodation providers and transport companies) and/or other organisations.
11.4 When registering for the Event (or registering an account with North v South) you will be asked if you consent to the use of your personal data for certain purposes (including as set out in clause 9.1). You can withdraw your consent at any time by following the instructions in our privacy policy.
12. Complaints
12.1. If you have a complaint regarding your Event, you must bring this to the attention of a member of the Event team without undue delay who will try to solve the issue for you. If your complaint cannot be resolved during the Event, you must send a written complaint to enquiries@north–south.com as soon as possible and no later than 28 days after the end of your Event, so that we can investigate fully.
12.2. If you do not follow the complaints procedure set out in this paragraph 11, we will be denied the opportunity to investigate and resolve your complaint and this may affect your rights under the Contract.
Note: if, for any reason, you issue a chargeback, we reserve the right to defend this vigorously where any defence is available to us. You agree not to issue a chargeback before you have raised a complaint with us first and allowed us sufficient time to respond to you. If, for any reason, you issue a chargeback whilst we are investigating a complaint on your behalf, you agree to indemnify us for any additional costs (or duplicate costs) that the chargeback process incurs and if, for any reason, you are compensated for the same complaint twice.
13. Changes & Cancellations Made by Us
13.1. If we have to make a change to your Event, we will notify you of this as soon as possible. Changes may include, but are not limited to, changes to the course (including its route and/or distance) and/or changes to the start time provided the Event still runs on its’ original start date. Where we make any of the changes mentioned in this paragraph 13.1, you will not be entitled to a refund of your Event Participation Fee.
13.2. We reserve the right to change the date of your Event. If you are unable to participate on the re-scheduled date, you must let us know as soon as possible.
13.3. Except as set out in clause 13.4, if we have to cancel an Event in advance of it taking place, you will be entitled to a full refund.
13.4. If we have to cancel or postpone the Event due to a Force Majeure, you will not be entitled to a refund. You will be entitled to a credit amount for participation in a future event within 48 months of the Event.
13.5 We reserve the right at all times to alter, remove portions and/ or change the published event route if we deem it prudent for your safety or for other operational or weather-based reasons. We also reserve the right to switch the order of planned activity and/ or add or decrease distance within a route, and/ or add or remove stated activities within a route. You explicitly agree to allow us to do all or any of these things. If we do have to make a route change, we will use reasonable endeavours to inform you of these changes prior to them taking place, if this is possible. You agree that this does not affect your statutory rights and that this does not constitute a material change to your purchase and that this constitutes us using our skill and judgement in event and expedition management to make good decisions on your behalf.
14. Our Responsibilities
14.1. We will arrange your Event exercising reasonable skill and care.
14.2. We have a duty to select any third-party suppliers that we contract with to provide services at the Event including, but not limited to, Event organisers, caterers etc. with reasonable skill and care.
14.3. Where you purchase accommodation (or any other optional services such as camping/campervan/caravan tickets for pitches) separately to your Event purchase from us, we act as agent for those suppliers only. We will have no liability for the performance of these services and your contract will be with the supplier direct.
15. Law & Jurisdiction
Your contract with 4303 Events Limited is governed by the laws of England and the parties agree to submit to the exclusive jurisdiction of the English Courts.
The Organiser’s correspondence address is:
4303 Events Limited, 95 Hydethorpe Road, Balham, London, SW12 0JF.
Email: enquiries@north-v-south.com
The Organiser’s registered office (not to be used for correspondence) is:
38 Whitefield Road, Warrington, WA4 6LZ (address not to be used for correspondence) and under Company Number 15955997.
© Copyright 4303 Events Limited