TERMS & CONDITIONS
The Event Terms & Conditions are very important so please take the time to read them. Whilst all the terms are important you should pay special attention to the following:
You must meet the age requirement and be in a fit state of health to participate in the event
You enter the run at your own risk and are encouraged to take out your own insurance
EVENT TERMS & CONDITIONS
“Competitor” means an individual entering the Event.
"Event" means Mudskipper Challenge.
“Operator” means the event operators and the landowner.
"Land" means the land on which the Event is held.
i. The Competitor by acceptance hereof (indicated by entering the Event) waives, releases and forever discharges (for the avoidance of doubt for him/herself, his/her heirs, executors, administrators and legal representatives), any and all rights and/or claims which the Competitor may have against the Operator for all damages and/or claims which may be sustained by him/her directly or indirectly arising out of his participation in the Event (including, notwithstanding the foregoing generality the provision of emergency or medical treatment at the Event). Further, the Competitor warrants that they will not take any action against the Operator for any loss or injury which may be sustained by the Competitor directly or indirectly arising out of their participation in the Event or their presence on the Land. This release and discharge includes, but is not limited to, claims for property damage, economic loss, breach of contract, lost wages, contribution indemnity or any other legally enforceable claim arising out of the Competitor’s participation in the Event (including for the avoidance of any doubt all legal costs associated with such claims).
ii. The Competitor, by acceptance hereof indicated by entering the Event, indemnifies the Operator against all claims and causes of action brought against the Operator by a third party arising either directly or indirectly as a result of the Competitor’s (i) actions on the Land and (ii) participation in the Event, including, notwithstanding the foregoing generality, the Competitor’s breach of any of these terms and conditions.
i. The competitor confirms that all details submitted when registering are correct.
ii. The team captain (Competitor registering a team consisting of two or more members) must ensure they have permission from each team member to submit their details on their behalf; the Operator will assume all details received from competitors’ registration is correct and approved by all team members.
iii. All competitors must bring photographic ID with them on the day of the event.
3.1 Junior participants (8 – 16 year olds)
I. Participants must be 8 years or older and in a fit state to participate in the run.
II. Participating Juniors (8 – 16 years old) must take part with a chaperone. The chaperone cannot be a spectator; they must be a fully registered participant and must stay with their Junior participant(s) throughout every stage of the event. There can be no more than 2 Junior participants per participating chaperone. Chaperones must be 18 years or older. Chaperones do not need to be a legal guardian but permission to enter must be attained from the Junior participant(s) legal guardian – consent to be noted on entry form and waiver form. Junior participants must check-in with the participating chaperone on the day of the event.
III. High-risk obstacles on the course will have lower-risk alternative obstacles for Junior participants – Junior participants must complete these obstacles and not the high risk obstacles.
IV. Due to the competitive nature of Wave 1, junior participants cannot enter the first wave.
V. Participating Juniors (8 – 16 years old) must purchase the ‘Junior’ ticket on Citizen Ticket. The online Junior registration process will require the names and email addresses of a legal guardian and the participating chaperone.
3.2 Mudskipper Tiddler Challenge
I. The mini-run is for children aged between 3 and 7 years only. All participants must be accompanied by a guardian at all times – before, during and after participation in the run. The guardian must be 18 years or older and have the legal guardian’s consent.
II. Limited places are available and participants must register in advance of the event. The guardian is required to sign an event waiver before starting the run.
i. Measures have been taken to ensure the safety of each Competitor, including the placing of marshals and an onsite medic. However, you are ultimately responsible for your own well-being and are expected to ensure your own safety.
i. The Competitor declares that they meet the age requirements at the time of the Event and are sufficiently healthy and physically fit to participate in the Event.
ii. The Competitor agrees to inform the Event onsite medic of any significant medical history before the Event starts.
6. Event rules
i. The Competitor is expected to adhere to the following rules to ensure fairness and safety. Ignorance of these rules will not be accepted as an excuse and could lead to being removed from the Event without entitlement to a refund.
- listen to and if asked, support marshals and Operator at all times
- wear appropriate clothing and footwear to adequately manage inclement weather and rough terrain
- keep within the marked course; do not explore outwith the course or the confines of the fenced hill estate
- put the safety of other competitors first and assist anyone in need of help and alert a marshal
- do not attempt any of the obstacles prior to the Event starting
- adverse weather conditions could affect the safety of some obstacles; if in doubt avoid obstacle and alert a marshal
7. Acknowledgement of risks
i. The Competitor acknowledges and understands that the Event is potentially hazardous and accepts that participation in the Event is potentially dangerous and that there are numerous risks associated with participation.
ii. The Competitor understands and accepts that participation in the Event may result in serious bodily injury and/or death.
iii. The Competitor acknowledges and accepts that the course is on natural uneven terrain and could lead to injury.
iv. The Competitor accepts that participation in the Event will result in strenuous physical exertion for a prolonged period of time.
v. The Competitor acknowledges that the Event is likely to take place in low temperatures and inclement weather.
vi. The Competitor states that he/she voluntarily enters the Event with full knowledge and understanding of the risks involved.
i. The Competitor acknowledges and understands that it is their personal responsibility to arrange for insurance cover for the Event if the Competitor wishes to be covered by insurance.
i. It is the responsibility of the Competitor to provide the necessary clothing/footwear/equipment for the Event.
ii. The Operator accepts no responsibility for the loss of, theft, or damage to any property owned by or under the control of the Competitor placed by the Competitor in the Event’s registration area and/or at any point of the Event course.
iii. The Competitor is expected to respect and take reasonable care of all equipment/property provided by the Operator. The Competitor accepts that the Operator has the right to charge them for any deliberate damage.
10. Refund policy
i. We regret that will not be able to provide any proportion of event entry refund having entered the event. This policy is non-discriminatory and does not take account of any individual circumstances in order for fairness and clarity.
ii) If the Event has to be rescheduled, Competitor entry is transferred to the new Event date. If the Competitor cannot attend the new date, the place can be transferred to a new Competitor or a refund (not including administration fee) can be paid upon written request by the Competitor. Refunds shall be paid within 28 days of the written request. Written requests should be sent to Mudskipper Challenge, Bells Brae, Hangingshaw Farm, Heriot, EH38 5YR.
iii.The Competitor may defer their entry to the following year’s event but only if the Operator is given instructions 21 days in advance of the Event. Entry can only be deferred once.
iv.The Competitor can switch their place to a replacement competitor if done more than 7 days in advance of the Event. We do not accept swaps or replacements within one week of the event.
v. The terms and conditions of this refund policy do not affect the Competitor’s statutory rights as a consumer.
11. Photo & Video - Image Rights
i. The Competitor consents to being photographed and recorded during the event. The Competitor waives any rights of publicity or privacy and allows the Operator to use the images and recordings of their participation in the Event to publicise the Event in any form of media and in any country without further approval from the Competitor.
ii. The Competitor expressly waives any claims against the Operator (including their 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 production, distribution, sale, broadcast or exhibition of Event imagery or any promotional materials relating to the Event.
12. Personal Photos & Videos
i. The Competitor is welcome to take photographs and film recordings of his participation in the Event for non-commercial purposes only. The Competitor must contact the Operator if they wish to use any imagery of the Event for commercial purposes.
13. Event Tyvek Wristbands
i. The Competitor agrees that they must visibly wear the Tyvek wristband with their event number (supplied by the Operator) at all times during the Event. The event number must not be altered or defaced in any way before or during the course of the Event.
14. Acceptance of Terms & Conditions of Entry
i. The Competitor understands that failure to comply with the terms and conditions listed here may result in removal from the Event.
ii. By attending the site of the Event, whether you are participating or not, you are deemed to be accepting the Event’s terms and conditions.
Address for the service of cancellation notices and to which complaints can be made: Mudskipper Challenge, Bells Braes, Hangingshaw Farm, Heriot, EH38 5YR