THE COLOR RUNÂ TermsÂ &Â Conditions
1.1.Â Â Â Â Â Â Â Â Â â€œAssociated Partiesâ€ means the Event Organiser, its officers, employees, suppliers and/or sponsors and/or persons for whom it is answerable.
1.1Â Â Â Â Â Â Â Â Â Â Â â€œCharityâ€Â means the charity that has reserved the Charity Participantâ€™s place in the Event.
1.2Â Â Â Â Â Â Â Â Â Â Â â€œCharity Participantâ€ means the person named on the Charity bond registration.
1.3Â Â Â Â Â Â Â Â Â Â Â â€œConditionsâ€Â means these terms and conditions of entry for the Event.
1.4Â Â Â Â Â Â Â Â Â Â Â â€œDeferred Entryâ€Â means that in the event that the Participant withdraws from the Event 90 days or more before theÂ commencement of theÂ EventÂ weekend,Â he/she will receive no refund but,Â upon request,Â the Event Organiser will provide the Participant with a free of chargeÂ entryÂ in the same Event the following year, provided the Event takes place and that the Participant retrieves their place within the stipulated time limits for such Event.
1.5Â Â Â Â Â Â Â Â Â Â Â â€œEntryÂ Feeâ€ means the price of entry into the Event as set out in the Entry Form, such price may be changed by the Event Organiser at its discretionâ€.
1.6Â Â Â Â Â Â Â Â Â Â Â â€œEntry Formâ€ means the website pages which must be completed in order to participate in the Event.
1.7Â Â Â Â Â Â Â Â Â Â Â â€œEventâ€ means the event named on the Entry Form.
1.8Â Â Â Â Â Â Â Â Â Â Â â€œEvent Categoryâ€Â means the different race categories or streams within the Event.
1.9Â Â Â Â Â Â Â Â Â Â Â â€œEvent Informationâ€Â means any and all information provided by the Event Organiser in relation to the Event.
1.10Â Â Â Â Â Â Â Â â€œEvent Organiserâ€ means International Management Group (UK) Limited a company registered in England & Wales with company registration number 00946580.
1.11Â Â Â Â Â Â Â Â â€œHelp Deskâ€Â means the official information desk run by the Event Organiser for the duration of the Event.
1.12Â Â Â Â Â Â Â Â â€œOnline Entry Portalâ€Â means the EventÂ Organiserâ€™sÂ online registration systemÂ participantsÂ must use in order to apply, register and pay for their entry to the Event.
1.13Â Â Â Â Â Â Â Â â€œParental Consent Formâ€ means the form provided by the Event Organiser via the Online Entry Portal to any Participants who will be under 18 years of age as at the date of the Event which must be signed by the Participantâ€™s parent or guardian.
1.14Â Â Â Â Â Â Â Â â€œParticipantâ€Â means the person named on the Entry Form who will be participating in the Event.
1.15Â Â Â Â Â Â Â Â â€œReserved Entryâ€Â meansÂ the Participantâ€™sÂ entry that has been reserved (either deferred from the previous year or otherwise) for the following year subject to the Participant completing an Entry Form and paying the applicable Entry Fee forÂ such eventÂ within the stipulated time limits for such Event.
1.16Â Â Â Â Â Â Â Â â€œWithdrawalâ€Â means onceÂ theÂ Participant has received written (via email or post) confirmation from the Event Organiser acknowledging theÂ Participantâ€™sÂ request to withdraw from the Event.
- Acceptance of Conditions
These Conditions shall apply in place of,Â and prevail over,Â any terms or conditions (whether or not in conflict or inconsistent with these Conditions) contained or referred to in any documentation submitted by the Participant or in correspondence or elsewhere or implied by trade custom, practice or course of dealing.Â Â A variation of these Conditions is only valid if the Event Organiser gives notice to the Participant in writing in any official Event material or correspondence prior to the Event (including via email).Â Â The Participant shall be deemed to have accepted these Conditions upon completion of the Entry FormÂ or, in the case of a Charity Participant, by completion of the entry forms provided by their designated Charity.Â Â All references toÂ â€˜Participantâ€™Â shall includeÂ a CharityÂ ParticipantÂ unless expressly stated otherwiseÂ and any references to â€˜participantsâ€™ shall include the Participant.
3.1Â Â Â Â Â Â Â Â Â Â The Participant acknowledges that participation in the Event is physically strenuous (as it is at least a 5km run).Â Â It is acknowledged that participation in the Event will be physically demanding and the Participant is aware of the nature of the Event and associated medical and physical risks involved. The Participant acknowledges that he/she will be running through coloured powder and may therefore be exposed to corn starch or similar materials.
3.2Â Â Â Â Â Â Â Â Â Â The Participant agrees that: (i)Â he/she is physically capable of competing in the Event; (ii) he/she shallÂ be solely responsible for his/her actions;Â andÂ (iii)Â the Event Organiser, its officers, employees, agents, affiliates, associated companies, sponsors or medical advisers are not responsible for any injury or illness that the Participant may suffer as a result of his/her participation in the Event (unless caused due to the negligence of the Event Organiser).Â Â The Participant accepts that,Â should any medical or physical condition arise prior to the Event which is likely to affect his/her ability to compete, the Participant will withdraw in accordance with these Conditions.Â Â The Participant acknowledges the exclusion of liability and indemnity provided in clauseÂ 6Â of these Conditions.
3.3Â Â Â Â Â Â Â Â Â Â The Participant agrees to abide by all applicable rules and regulations of theÂ Event.Â Â The Participant shall not be entitled to a refund of the Entry Fee if he or she is disqualified from the Event as a result of an infringement of these Conditions or any such rules and regulations.Â Â The Event Organiser and/or owners of the venue where the Event is conducted are also entitled to impose additional Event rules upon the Participant from time to time which will be provided or made available to the Participant and will form part of these Conditions. Â Any relevant rules and regulations may be obtained from the Event website or upon request to the Event Organiser.
3.4Â Â Â Â Â Â Â Â Â Â The Participant must complete the appropriate registration process (if any) on the dates and at the times as instructed in the Event Information, which will be issued by the Event Organiser before the Event.
3.5Â Â Â Â Â Â Â Â Â Â The Event Organiser may introduce cut off times asÂ it seesÂ fit as part of the Event rules, being limits on the time taken to complete sections of the Event (asÂ decidedÂ by the Event Organiser at its discretion) to ensure the safe and proper running of the Event.Â Â Consequently, participantsÂ may be instructed to withdraw from the race in accordance with imposed cut off times.
3.6Â Â Â Â Â Â Â Â Â Â The Event Organiser reserves the right at any time to remove the Participant from the Event or prevent the ParticipantÂ participatingÂ in the Event if,Â in the EventÂ Organiserâ€™sÂ sole discretion, it considers such action necessary for safety reasons or the proper enjoyment of the Event by other participants or for any other reasonable reason.Â Â No refund of the Entry Fee shall be made if the Participant has acted negligently, maliciously, with wilful misconduct or otherwise without due care and attention for the Event or other participants, so as to cause his/her removal.
3.7Â Â Â Â Â Â Â Â Â Â While the Event Organiser takes every care with the staging of the Event,Â the Participant acknowledges thatno insurance is taken out by the Event Organiser on the Participantâ€™s behalf.Â Therefore, any and all insurance (including personal accidentÂ andÂ personal items insurance) is his or her sole responsibility and the Event Organiser recommends all Participants take out such insurance as they deem appropriate.Â Â In particular, the Participant acknowledgesÂ thatÂ any Withdrawal on medical grounds will not entitle them to a refund etc. other than as detailed at Clause 5 below and any insurance to cover this is their ownÂ responsibility.
3.8Â Â Â Â Â Â Â Â Â Â The Event Organiser will email all communications including offers of Deferred Entry and Reserved Entry places as well as newsletters and other relevant Event information to the email address provided by the Participant uponÂ his/heroriginal application.Â Â The Event Organiser shall not be held responsible for any computer malfunctions or other technical anomalies that may occur in the process of sending out such email communications that may lead to failure of receipt by the Participant.Â Â To ensure receipt of all Event information, it is the sole responsibility of the Participant to ensure they provide the Event Organiser with the correct email address and postal address and to inform the Event Organiser of any changes to these prior to the Event within the time limits specified in these Conditions.
3.9Â Â Â Â Â Â Â Â Â Â All decisions and rulings by the Event Organiser, its employees and its agents are considered final.Â Â Accordingly, the Participant will comply with all Event rules and all instructions and guidelines given by stewards, marshals, and safety personnel.Â Â The Participant acknowledges and agrees that the Event Organiser will organise and run the Event and will have sole authority and be the final arbiter on all decisions relating to the safety, running and organisation of the Event, the rules of the Event, the timings/finish times and the placings.
3.10Â Â Â Â Â Â Â Â These ConditionsÂ and the entry into the EventÂ are personal to the Participant andÂ he/sheÂ may not assign any ofhis/herÂ rights or obligations under thisÂ AgreementÂ without the prior written consent of the Event Organiser.Â Â The Participant represents and warrants that the entry is purchased for personal use only, that itÂ will notÂ be donated free of charge or otherwise given awayÂ (other than by a Charity for Charity Participants as applicable),Â and that it is not purchased as part of any form of business or commercial activity (save as expressly authorised by the Event Organiser), and in particular, that the entry may not be resold or offered for resale by anyone whether at a premium or otherwise and may not be used for advertising, promotion use as a prize (including in competitions and sweepstakes), travel packages, or for any other trade purposes, without the prior written consent of the Event Organiser. Â For the avoidance of doubt, donation, give away, resale or attempted resale is grounds for seizure or cancellation without refund or other compensation.
3.11Â Â Â Â Â Â Â Â The Participant acknowledges and accepts that circumstances concerningÂ anÂ Event may change from time to time for reasons out of the EventÂ Organiserâ€™sÂ reasonable control or otherwise, without the Event Organiser incurring any liability and without any rights to Withdrawal being accrued by the Participant other than set out in clauseÂ 5Â below.Â Â By way of example, and for illustration purposes only, car parking arrangements andÂ the exact route of any part of the EventÂ may change but such changes/issues will not allow the Participant to withdraw and nor will the Event Organiser be deemed liable except as otherwise set out herein.
- Bookings and Payments(not applicable to Charity Participants)
4.1Â Â Â Â Â Â Â Â Â Â In consideration for being granted the right to participate, the Participant must pay the Entry Fee by no later than the closing date set out on the Entry Form, and those participants under 18 years of age as at the date of the Event must return the Parental Consent Form.Â This Form is available on The Color Run websiteâ€™s homepage (www.thecolorrun.co.uk). Once completed please email this form toÂ email@example.com.
4.2Â Â Â Â Â Â Â Â Â Â The Participant shall complete the Entry Form via theÂ OnlineÂ Entry Portal and submit it together with payment of the Entry Fee.
4.3Â Â Â Â Â Â Â Â Â Â The Participant shall not be eligible or entitled to participate in the Event until full payment of the Entry Fee has been received by the Event OrganiserÂ and the Parental Consent Form has been returned (as appropriate).Â Â No payment shall be deemed to have been received until the Event Organiser has received cleared funds.
- Withdrawal, Cancellations or Alterations
5.1Â Â Â Â Â Â Â Â Â Â This clause 5 shall not apply to Charity ParticipantsÂ whose places are the property of the Charity. Â All cancellations, refunds or withdrawals by Charity Participants must be taken up directly with their designated Charity. No refunds (mentioned in this clause 5) shall be made directly to any individual Charity Participant in any case.
5.2Â Â Â Â Â Â Â Â Â Â The Event Organiser operates aÂ fourteen (14)Â day cooling off period.Â Â Accordingly, the Participant is entitled to cancel his/her application to participate provided the Event Organiser receives written notice of cancellation withinÂ fourteen (14)Â days of payment of the Entry Fee (payment being deemed made for the purposes of this clauseÂ 5.2Â by clicking on the make payment link on theÂ secure paymentÂ webpage).Â Â During thisÂ fourteen (14)Â day period the Participant is able to cancel his/her entry and receive a full refund of the Entry Fee by emailingÂ firstname.lastname@example.orgÂ or writing to the Event Organiser at, International Management Group UK Limited, Building 6, 566 Chiswick High Road, London, W4 5HR.Â The notice must be receivedÂ beforeÂ the end of theÂ 14Â day cooling off period.
5.3Â Â Â Â Â Â Â Â Â Â The Event Organiser reserves the right toÂ alterÂ theÂ start time of the Event.Â In the event of a change of start time the Participant will be notified of the revised start time with as much notice as reasonably practicable.Â No refund in full or in part shall be made for any change in start time for an Event provided the Event takes place on the specifiedÂ date of the Event.
5.4Â Â Â Â Â Â Â Â Â Â The Event Organiser reserves the right toÂ changeÂ theÂ dateÂ of the Event. Â In the event of such change of date of the Event, whereÂ the Participant is unable to attend on the revised date, he/she hasÂ fourteen (14) daysÂ to inform the Event Organiser in writing from when the change in date is announced to receive aÂ fullÂ refund of their Entry Fee.
5.5Â Â Â Â Â Â Â Â Â Â The Participant acknowledges that participant places are limited and payment of the Entry Fee and reservation of the place has an effect on logistics and the subscription for the Event. Accordingly, subject to clausesÂ 5.2 and 5.4 above, the Participant may only withdraw from the Event at any time, subject to the following:
5.5.1Â Â Â Â Â Â Â ifÂ the Participant withdraws from the EventÂ ninety (90)Â days or more before theÂ commencement of the EventÂ weekendÂ he/she will receive no refund but upon request the Event Organiser will provide the Participant via email with a place free of charge in the same Event the following year, provided such event takes placeÂ (i.e. the Deferred Entry as defined in the definitions above).Â Â To secure their place the Participant must complete the online entry process via the Online Entry Portal no later thanÂ ninety (90)Â days prior to theÂ commencement of theÂ following yearâ€™sÂ EventÂ weekendÂ or within the stipulated time limits for the Event, whichever is earlier.Â Â The Participant shall only be entitled to roll entry over once and it must be for theÂ immediatelyÂ following year;
5.5.2Â Â Â Â Â Â Â ifÂ the Participant pulls out of the Event betweenÂ eighty nine (89)Â days andÂ eight (8)Â days before the commencement of theÂ EventÂ weekendÂ he/she will receive no refund from the Event Organiser but upon request the Event Organiser willÂ reserveÂ theÂ Participantâ€™s entry for theÂ EventÂ which it proposes to runÂ the following year subject toÂ the ParticipantÂ completing anÂ EntryÂ FormÂ andÂ payingÂ the applicable Entry FeeÂ for such Event within the stipulated time limits for such Event.Â Â The Participant must notify the Event Organiser of their intent to take upÂ the placeÂ no later thanÂ ninety (90)Â days prior to theÂ commencement of theÂ followingÂ yearâ€™sÂ EventÂ weekendÂ or within the stipulated time limits forÂ suchÂ Event, whichever is earlier; or
5.5.3Â Â Â Â Â Â Â ifÂ the Participant pulls out of the Event withÂ less than eight (8)Â daysÂ to the commencementÂ of the Event weekend,Â or if the Participant fails to register for the Event,Â he/she will receive no refund or Reserved Entry for any future race or event.
5.6Â Â Â Â Â Â Â Â Â Â Â No Participant shall be entitled to change the Event Category further to submitting the Entry Form.
5.7Â Â Â Â Â Â Â Â Â Â Â Notice of Withdrawal from the Event must be communicated by emailingÂ email@example.comÂ stating clearly your desire to withdraw and putting the word WITHDRAWAL in subject line of the email, or by writing to the Event Organiser at International Management Group UK Limited, Building 6, 566 Chiswick High Road, London, W4 5HR.Â Â Withdrawals WILL NOT be accepted by telephone.Â Â Date of receipt of notice will dictate whether or not a Deferred Entry or Reserved EntryÂ placeÂ is offered for the following year in accordance with this clauseÂ 5.
5.8Â Â Â Â Â Â Â Â Â Â Â The Event Organiser will use itsÂ reasonableÂ endeavours to offer the Participant his/her desired Event Category however the Event Organiser cannot be held responsible for its availability.Â Â All places includingÂ Charity Entry,Â Deferred Entry and Reserved Entry places are dictated by capacity and subject to availability at the time of application.Â Â Should places in any Event Category of the Event be oversubscribed, the Event Organiser reserves the right to either offer the Participant a place in a suitable alternative Event Category for such Event or withdraw the offer of a place.
5.9Â Â Â Â Â Â Â Â Â Â Â In the event the Event Organiser withdraws the offer of a place to the Participant in the Event for any reason at any time it will provide the Participant with a full refund of the Entry Fee, with no further liability whatsoever arising from such Withdrawal.Â Â Notwithstanding this clauseÂ 5.9Â no refund shall be madeÂ unlessÂ otherwise set out herein (includingÂ (but not limited to)Â for the avoidance of doubt clauses 3.3, 3.7 andÂ 3.8).
5.10Â Â Â Â Â Â Â Â The Event Organiser reserves the right to amend the Event format, route or distanceÂ in their sole discretion or cancel the Event due to circumstances beyond its reasonable controlÂ or for any safety related reason.Â Â In the event of the Event being cancelled it shall provide the Participant with a full refund with no further liability whatsoever arising from such cancellation. Â IfÂ theÂ EventÂ is changed to anotherÂ reasonably similarÂ format, route or distanceÂ the Participant will not be entitled to any refund and there shall be no further liability whatsoever arising from such change of format.Â Any significant changes to the route will be communicated ahead of the Event date.
5.11Â Â Â Â Â Â Â Â The Withdrawal policy set out in this clause 5 does not apply to Charity Participants whose places are the property of the Charity.Â All Charity Participants should revert to their chosen charity for further information or queries concerning Withdrawal, cancellation or refunds.Â Â All Charity Participants acknowledge however that their Charity may prevent the Participant from competing if they have not complied with any terms and conditions imposed on them by the Charity, whether in respect of fundraising or otherwise.
- Event Organiser Responsibilities/Liability
6.1Â Â Â Â Â Â Â Â Â Â Â Not withstanding anything in these Conditions,Â the Event Organiser shall not be liable to the Participant for any liability in contract, tort (including negligence) or otherwise for any loss of business, revenue or profits, anticipated savings or wasted expenditure, loss or damage of or to personal equipment belonging to the Participant or any indirect or consequential loss or damage whatsoever (notwithstanding that such loss was within the contemplation of the parties at the date of submitting the Entry Form) arising out of the Participant taking part in the Event or any other matter arising under these Conditions nor for an aggregate amount greater than the Entry Fee paid by the Participant. Â Without limiting the foregoing, the Event Organiser will not be liable for any actions of any spectators or other third parties unless otherwise set out herein.
6.2Â Â Â Â Â Â Â Â Â Â Â Accordingly the Participant hereby expressly and irrevocably renounces, for him/herself, heirs andÂ successors in title the right to any recourse or claims whatsoever against theÂ Associated PartiesÂ as a result of any kind of physical, mental or other loss or damage of whatsoever nature (including any loss of earnings, profits, or pain and suffering) suffered by the Participant, directly or indirectly, or by his/her family or by any dependents and caused by an event in any way relating to theÂ Participantâ€™sÂ participation in Event, and the Participant hereby undertakes, for him/herself, heirs and successors in title to indemnify and hold harmless the Event Organiser, and the Associated Parties for any costs and/or amount,Â which they or any of them may be required to pay as a result of anyÂ aforesaidÂ recourse or claim by whomsoever made. Â The Participant also agrees to indemnify the Event Organiser and the Associated Parties for any claim, actions, liabilities or losses resulting from any breach of theÂ Participantâ€™sÂ declarations above and/or theÂ Participantâ€™sÂ negligent acts or omissions and/orÂ willfulÂ misconduct.
6.3Â Â Â Â Â Â Â Â Â Â Â Nothing in these Conditions shall exclude or limit the liability of the Event Organiser:
6.3.1Â Â Â Â Â Â Â for death or personal injury caused by the Event Organiser’s negligence;
6.3.2Â Â Â Â Â Â Â for fraud or fraudulent misrepresentation; or
6.3.3Â Â Â Â Â Â Â for any matter which it would be illegal for the Event Organiser to exclude or attempt to exclude liability.
6.4Â Â Â Â Â Â Â Â Â Â Â This clauseÂ 6Â shall be read and construed and shall have effect subject to any limitation imposed by any applicable law.
- Publicity and Results
7.1Â Â Â Â Â Â Â Â Â Â Â The Participant irrevocably consents to:
7.1.1Â Â Â Â Â Â Â his/her appearance in the Event being filmed, recorded, incorporated and exploited in whole or in part in any television programme, film, video or broadcast of whatever nature by all means and in all media and formats now or invented after the date of these ConditionsÂ by the Event Organiser and its Associated Parties; and
7.1.2Â Â Â Â Â Â Â the use and reproductionÂ by the Event Organiser and its Associated PartiesÂ of the Participant’s name, likeness, appearance, Event timesÂ 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 Event (and future events) and/or the promotion of the Event (and future events) and the commercial rights relating to the Event (and future events) provided that such use does not imply direct endorsement by the Participant of any official sponsor or supplier of the Event.
7.2Â Â Â Â Â Â Â Â Â Â Â Any film, photographs (by camera or mobile phone), or any other recording of moving or still picture, and all intellectual property in connection therewith (including but not limited to copyright) shall remain the property of the Event Organiser, and where such intellectual property does not automatically vest in the Event Organiser, these Conditions shall constitute a legally binding assignment thereof and/or the Participant shall sign, or procure the signature ofÂ all reasonable documentation required to give affect thereto. Accordingly any such recording shall not be used other than for private use without the EventÂ Organiserâ€™sÂ prior written consent.
7.3Â Â Â Â Â Â Â Â Â Â Â The Event Organiser will useÂ reasonableÂ endeavours to provide an Event finish time for the Participant however it cannot be held responsible for any computer result anomalies or any technical malfunctions.
7.4Â Â Â Â Â Â Â Â Â Â Â The Event Organiser will contact you from time to time about the Event and related activity. Your details will also be passed onto the official Event Photographers in order for them to email you regarding your photoâ€™s after the race â€“ they will not contact you about anything other than your Event photo. Â The Event Organiser will not pass your details onto any other third parties without your prior consent.
8.1Â Â Â Â Â Â Â Â Â Â Â These Conditions (and the documents referred toÂ herein) constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to the Event.Â Â The Participant acknowledges and agrees that in submitting the Entry Form (and the documents referred toÂ herein) it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty, understanding, promise or assurance (whether negligently or innocently made) of any person (whether party to these Conditions or not) other than as expressly set out in these Conditions.
8.2Â Â Â Â Â Â Â Â Â Â Â Nothing in these Conditions shall constitute or be deemed to constitute a partnership between the parties hereto or constitute or be deemed to constitute either party as agent of the other for any purpose whatsoever and neither party shall have authority or power to bind the other or to contract in the name of the other in any way or for any purpose.
8.3Â Â Â Â Â Â Â Â Â Â Â No waiver by either party of a breach or a default hereunder shall be effective unless in writing and signed by both parties and any such waiver shall not be deemed to be a waiver of any subsequent breach or default of the same or similar nature.
8.4Â Â Â Â Â Â Â Â Â Â Â To the extent permitted by law all provisions of these Conditions shall be severable and no provision shall be affected by the invalidity or unenforceability of any other provision with the remaining provisions if necessary, being so amended as shall be necessary to give effect to the spirit of these Conditions so far as possible.
8.5Â Â Â Â Â Â Â Â Â Â Â These Conditions shall be interpreted in accordance with the laws of England and Wales and any dispute arising hereunder shall be subject to the exclusive jurisdiction of the English Courts.