Run To Windsor – Agreement and Waiver

 

You have voluntarily signed up to the Run to Windsor charity fun run. This is an active and challenging event. The health and safety of participants during the event is very important. 

 

Any person who applies to take part in, or competes in the Run to Windsor (You), shall be deemed to have accepted and agreed to comply with the terms and conditions set out below (the Agreement) and all applicable laws. 

 

WAIVER AND/OR RELEASE OF DOBBY CLUB’S LIABILITY

You acknowledge and agree that:

 
  1. You would like to participate in the charity fun run from Croydon to Windsor which involves running the distance between Zodiac Court, Croydon CR0 2RJ and Windsor City Centre (the Event) organised by Dobby Club Limited (Dobby Club) that will take place on 12 October 2024;
  2. You are 18 years old or older;
  3. Running is an endurance sport which requires a good level of fitness and ability and that participation in Event entails risk which could result in serious injury, including permanent disability and death or damage to You, to property or to third parties;
  4. You do not have a medical condition which might impact your ability to participate in the Event or cause damage to others;
  5. Should You have any concerns regarding any aspect of Your health prior to the Event, You will consult a doctor and receive medical clearance before participating;
  6. You certify that on the date of the Event, You are a competent runner and can run more than 30km throughout one day;
  7. You are responsible for monitoring Your own physical condition prior to, during and after participation in the Event; 
  8. You will not participate in the Event whilst under the influence of alcohol or drugs and agree to act responsibly and sensibly at all times;
  9. You will follow any safety instructions or advice given by Dobby Club;
  10. You are responsible for the safety of your own possessions throughout the Event and Dobby Club assumes no responsibility for any possessions left in its care;
  11. Your participation in the Event is for recreational and/or charity fundraising purposes only and you will not participate in the Event for any commercial or business purpose. Dobby Club has no liability to You for any loss of profit, loss of business, business interruption, or other loss of business opportunity; and
  12. In signing up to participate in the Event, You accept and assume all of the risks of the Event. You also confirm that You choose to voluntarily participate being fully aware of these risks.
 
  • EVENT SAFETY

You are not permitted to use the following items in the Event:

 
  1. any artificial aid or wheeled device;
  2. any pets or animals; or
  3. any other item that could potentially inhibit the flow or safety of other participants or which Dobby Club, in its reasonable opinion, deems may cause danger or risk of danger to You or other participants or spectators.
 
  1. Dobby Club reserves the right to refuse entry to the Event or to ask You to cease participation if:
 
  1. You attempt to participate in the Event in a manner that Dobby Club, acting reasonably, believes:
 
  1. may cause injury to You or another participant;
  2. may damage or harm the environment;
  3. in Dobby Club’s opinion is likely to cause offence; or
  4. otherwise causes a risk or potential risk to health and safety.
 
  1. You fail to follow instructions given by Dobby Club; or
  2. if in Dobby Club’s opinion You are unfit to participate in the Event due to:
 
  1. the consumption or use of alcohol or drugs;
  2. an injury or illness;
  3. You fail to arrive at the start location at the specified time; or
  4. You are unable to make sufficient progress in the Event to allow You to complete the Event within a reasonable time. 
 

CANCELLATION OR CHANGES TO THE EVENT

 

  1. No refunds of the entry to run fees or merchandise will be given where there has been a breach of the Agreement by You; 
  2. You should notify Dobby Club immediately if You need to withdraw for any reason and notice will be deemed to be made only once you have received a response from Dobby Club. If You do withdraw then the fees and cost of the merchandise will not be refunded;
  3. Dobby Club is under no obligation to hold the Event and may cancel the Event for any reason; and
  4. Dobby Club reserves the right to cancel, abandon, postpone or make alterations to the Event, including time, date and location of the Event for any reason. In such circumstances:
 
  1. Should the Event course distance be changed or reduced, You agree that the Event is still deemed to be staged and that Dobby Club will not be liable to You for any refund;
  2. Dobby Club will, using reasonable endeavors and if practicable, provide notice of such cancellation, abandonment or postponement, including by posting an Instagram or TikTok story;
  3. Dobby Club is under no obligation to offer alternative options should it cancel the Event; and
  4. Dobby Club will have no responsibility for any losses, expenses or costs incurred as a result of cancellation, including any travel or accommodation costs.
 
  • PRIVACY AND DATA PROTECTION

  •  
  1. Please read Dobby Club’s Privacy Policy  carefully to understand how Your personal data is processed. In particular, You acknowledge that Dobby Club may use any information provided by You for the following purposes:
 
  1. for the processing of Your application;
  2. for the enforcement of Dobby Club’s legal rights;
  3. to publish such information as part of the timing information of the Event. Timing information will only include Your name and the time taken by You to complete the Event;
  4. to publish such information as part of the results of the Event and to pass such information to the governing body or any affiliated organisation for the purpose of insurance, permits or for publishing results either for the Event alone or combined with or compared to other events;
  5. to track Your progress in the Event;
  6. to send you health and safety and other relevant Event information;
  7. to notify you of events, activities, publications and services that may be of interest to you should you consent to receiving these from Dobby Club; and
  8. to comply with Dobby Club’s statutory and regulatory obligations.
 
  1. You acknowledge and, so far as is necessary under applicable laws, consent to being photographed, filmed or taped by Dobby Club and/or any third parties appointed thereby, which shall have the right, in perpetuity or for the maximum term permitted under the applicable laws, to use, broadcast, publish and license, without any requirement for payment of money or other form of consideration and without credit, Your voice, image and likeness, by means of live or recorded video and/or audio display, broadcast or other transmission or recording, photographs or any other current and/or future media technologies; and
  2. You accept and acknowledge that it is in Dobby Club legitimate interests to use and publish and exploit the content detailed in clause 4.2 in this manner (including any personal data contained therein) as it requires the ability to: (a) publish, display, sell and distribute the Event by means of media known now or in the future, including social media; and (b) use the images for promotional and/or marketing purposes, as determined in Dobby Club’s sole discretion (including use by commercial partners and accredited media organisations). Notwithstanding the foregoing, where required under applicable laws, You give Your consent to such use.
 
  • LIABILITY

  •  
  1. To the maximum extent permitted by law, Dobby Club and its employees, directors, volunteers and agents exclude any liability for loss, damage or injury to You and/or Your property, including without limitation any indirect or consequential loss or damage, such as loss of enjoyment, travel and accommodation costs, personal injury, theft, damage, destruction or loss of Your property, financial loss, or for any punitive, exemplary, special, incidental or consequential loss or damage whether such liability arises in contract, tort (including negligence), equity, breach of statute or statutory duty arising out of or in connection with the Event, regardless of whether the loss or damage: (a) would arise in the ordinary course of events; (b) is reasonably foreseeable; or (c) is in the contemplation of the parties, or otherwise; 
  2. Dobby Club shall not be liable for any refund, loss (including indirect or consequential loss), damage or expense caused by a Force Majeure Event;
  3. Subject to clause 5.5, in the event that Dobby Club is in breach of its obligations (under the Agreement or otherwise), Dobby Club shall only be responsible for such loss or damage suffered by You which was reasonably foreseeable as a result of the breach;
  4. Subject to clause 5.5 and notwithstanding clause 5.3, Dobby Club is not liable for any business losses and Dobby Club will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity; and
  5. Notwithstanding any provision in the Agreement, Dobby Club does not seek to exclude or limit its liability: (a) for fraud or fraudulent misrepresentation; (b) for death or personal injury caused by Dobby Club’s negligence or the negligence of any of its officers, employees or agents; or (c) for any other matter for which it is not possible to exclude or limit liability by applicable laws (including Your statutory rights and rights as a consumer).
 
  • JURISDICTION

  •  
  1. This Agreement will be governed by and in accordance with English law and any disputes relating to it shall be subject to the exclusive jurisdiction of the courts of England and Wales.
 
  • SEVERANCE

  •  
  1. Should any provisions of this Agreement be declared void, ineffective, illegal or unenforceable by any competent court, regulator or authority, the remainder of the Agreement shall remain in effect as if such void, ineffective, illegal or unenforceable provision(s) had not been included.