Terms & Conditions

Please read these terms carefully. By submitting your entry below, you are confirming that you agree to these terms and conditions.

 

  1. Definitions
  • The following definitions apply to these terms and conditions:

Associated Parties means the Event Organiser, its officers, employees, suppliers and/or sponsors.

Terms means these terms and conditions of entry for the Event.

Entry Fee 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 discretion.

Entry Form means the website page which must be completed in order to participate in the Event.

Event means the Newmarket 2018 Colour Run.

Event Information means any and all information provided by the Event Organiser in relation to the Event.

Event Organiser means Newmarket Festival.

Parental Consent Form means the form provided here.

Participant means the person named on the entry form who will be participating in the Event.

 

  1. Acceptance of Terms

These terms are accepted upon you submitting an entry for the Event on this website or using any other method. A variation of these terms 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). The Participant shall be deemed to have accepted these terms upon completion of the entry form.

 

  1. Participation

3.1 The Participant acknowledges that participation in the Event is physically and mentally strenuous. It is acknowledged that participation in the Event will be physically and mentally 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 a non-flammable powder made from corn starch, dyed with food grade colouring.

3.2  The Participant agrees that:-

  1. he/she is physically capable of competing in the Event;
  2. he/she shall be solely responsible for his/her actions; and

iii. 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). The Participant accepts that 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.

3.3 The Participant agrees to abide by all applicable rules and regulations of the Event. The Participant shall be not 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. 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 terms.

3.4 The Event Organiser may introduce cut off times as it sees fit as part of the Event rules, being limits on the time taken to complete sections of the Event to ensure the safe and proper running of the Event. Consequently, Participants may be instructed to withdraw from the race in accordance with imposed cut off times.

3.5 The Event Organiser reserves the right at any time to remove the Participant from the Event or the Participant participating in the Event if, in the Event Organiser’s 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. No refund of the entry fee shall be made.

3.6 While the Event Organiser takes every care with the staging of the Event, the Participant acknowledges that no insurance is taken out by the Event Organiser on the Participant’s behalf. Therefore, any and all insurance (including personal accident and personal items insurance) is his or her sole responsibility and the Event Organiser recommends all participants take out insurance as they deem appropriate. Particularly, the Participant acknowledges that any withdrawal by the Participant will not entitle them to a refund etc. and any insurance to cover this is their own responsibility.

3.7 All decisions and rulings by the Event Organiser, its employees and its agents are considered final. Accordingly, the Participant will comply with all Event rules and all instructions and guidelines given by stewards, marshals and safety personnel. The Participant acknowledges and agrees that the Event Organiser will organise and run the Event and will have sole authority and will 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.

 

  1. Booking and Payments

4.1 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. Those participants under 16 as at the date of the Event must return the parental consent form. This form is available here.

4.2 The Participant shall complete the entry form and submit it together with payment of the entry fee. The Participant shall not be eligible or entitled to participate in the Event until full payment of the entry fee has been received and the parental consent form has been returned (as appropriate).

 

  1. Withdrawal, Cancellation or Alterations

5.1 The Event Organiser operates a 14 day cooling off period. Accordingly, the Participant is entitled to cancel his/her application to participate provided the Event Organiser receives a written notice of cancellation within 14 days of payment of the entry fee. The Participant must write to The Newmarket Festival, c/o 25 Exeter Road, Newmarket, Suffolk CB8 8AR or email: aprice@thenewmarketfestival.co.uk. The notice must be received before the end of the 14-day cooling off period.

5.2 The Event Organiser reserves the right to alter the start or end time of the Event. 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 practical. No refund in full or in part shall be made for any changing in timings for the Event provided the Event takes place on the same date.

5.3 The Event Organiser reserves the right to change the date of the Event. In the Event of such change of date of the Event where the Participant is unable to attend on the revised date, he/she has 14 days to inform the Event Organiser in writing from when the change in date is announced to receive a refund of their entry fee.

5.4 In the Event the Event Organiser withdraws the offer of a place to the Participant in the Event, or the Event is cancelled 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 withdrawal or cancellation.

 

  1. Event Organiser Responsibility/Liability

6.1 Notwithstanding anything in these terms, the Event Organiser shall not be liable to the Participant for any liability in contract, tort (including negligence) or otherwise or 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 in 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 terms nor for an aggregate amount greater than the entry fee paid by the Participant. 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.

6.2 Nothing in these terms shall exclude or limit the liability of the Event Organiser for death or personal injury caused by the Event Organiser’s negligence or for fraud or fraudulent misrepresentation or any other matter which it would be deemed illegal for the Event Organiser to exclude or attempt to exclude liability.

 

  1. Publicity and Results

7.1 The Participant irrevocably consents to his/her appearance in the Event being filmed, recorded, photographed, incorporated into any television programme, film, video or broadcast of whatever nature by any means.

7.1.2 The use and reproduction by the Event Organiser and its associated parties of the Participant’s name, 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.

7.2 Any film, photographs or any other recording shall remain the property of the Event Organiser.

7.4 The Event Organiser will contact you from time to time about the Event and related activities. Your details will also be passed onto the official Event photographers in order for them to email you regarding your photos after the race.

 

  1. Parental/ Guardian Consent

If your entry includes a particpant(s) under the age of 16

8.1 I understand and agree that my son/daughter participates in this event entirely at his/her own risk. I have considered and understand the nature of such events and have discussed them with my son/daughter. I am satisfied that my son/daughter is sufficiently responsible and competent to assume full and entire responsibility for his/her own safety whilst engaged in the event.

8.2 I understand that participants assume full and entire responsibility for their own safety in relation to traffic. I understand and have emphasised to my son/daughter that the function of marshals in such events is to do no more than indicate the direction the participant should take.

9.3 I agree that my son/daughter shall participate in such events without any liability whatsoever on the part of the organiser, promoter, or any club or organisation affiliated thereto or their officials or members in respect of any injury, loss or damage suffered by him/her, provided that this does not exclude the liability of any such party for death or personal injury arising from that party’s negligence.

9.4 I confirm that my son/daughter does not have any disability or medical condition, physical or mental, which could affect his/her ability to participate safely in the event entered. I understand that I must notify the organiser at once if at any time my son/daughter becomes subject to a disability or medical condition, physical or mental, which could affect his/her ability to participate safely in the event entered.

 

  1. General

9.1 The terms and conditions constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to the Event. The Participant acknowledges and agrees that after submitting the entry form it does not rely on and shall have no remedy in respect of any statement, representation, warranty, understanding, promise or assurance other than as expressly set out in these terms. These terms can only amended as set out above.

These conditions shall be interpreted in accordance with the Law of England and Wales and any dispute arsing hereunder shall be subject to the exclusive jurisdiction of the English Courts.