TERMS AND CONDITIONS FOR PARTICIPATION IN THIRD PARTY EVENTS AS A FUNDRAISER FOR THE SOUTH WESTERN AMBULANCE CHARITY
These are the terms and conditions (“Terms and Conditions”) that apply to each third party fundraising event in which you are participating as a fundraiser for the South Western Ambulance Charity, a charity with its registered office at Abbey Court, Eagle Way, Exeter EX2 7HY (the “Charity”) (each an “Event”). Participants must agree to the Terms and Conditions before participating in any Event as a fundraiser for the Charity (a “Charity Participant”).
1. The Event
a. The Event is not organised by the Charity but by a third party (the “Event Organiser”).
b. Participation in the Event as a Charity Participant is subject to these Terms and Conditions in addition to the Event Organiser’s own terms and conditions, which must be fully complied with at all times.
2. Application
a. An individual may apply to be a Charity Participant in an Event as either:
i. a participant who has secured their own place in the Event directly via the Event Organiser and who has paid all applicable registration fees to the Event Organiser (an “Own Entry Participant”);
ii. a participant with a guaranteed place from the Charity in the Event (a “Guaranteed Participant”); or
iii. a participant who will apply for the opportunity to be offered a place from the Charity in the Event (a “Non-guaranteed Participant”).
b. All Non-guaranteed Participants acknowledge and agree that applying to be a Non-guaranteed Participant does not guarantee a place in the Event.
THE FOLLOWING TERMS AND CONDITIONS DO NOT APPLY TO OWN ENTRY PARTICIPANTS
3. Participation
a. Each Guaranteed Participant pledges to raise the minimum sponsorship target (“Minimum Sponsorship”) for the Charity for the Event in which they are participating. Details of the Minimum Sponsorship for each Event are contained in the specific Event information provided on the Charity website at www.swambulancecharity.org.
b. Each Non-guaranteed Participant aims to raise the minimum fundraising pledge for the Charity which they have stated in their Charity application form.
c. Each Guaranteed Participant and Non-guaranteed Participant must also register directly with the Event Organiser at least two weeks before the Event Organiser’s advertised registration deadline. The Charity reserves the right to withdraw the place of any Guaranteed Participant or any Non-guaranteed Participant if they have not registered with the Event Organiser in accordance with this condition 3(c) and to offer their place in the Event to another applicant.
THE FOLLOWING TERMS AND CONDITIONS APPLY EQUALLY TO ALL CHARITY PARTICIPANTS
4. Registration and fundraising
a. All Charity Participants must be registered to take part in the Event with both the Charity and the Event Organiser.
b. Each Charity Participant must complete a Charity entry form (“Entry Form”).
c. All Entry Forms, including postal Entry Forms, must arrive before the closing date for Event registration. The Charity may at its sole discretion extend the deadline for arrival of Entry Forms for Own Entry Participants. Proof of postage must be obtained for postal entries and the Charity accepts no responsibility for lost, damages, illegible, delayed or mislaid Entry Forms.
d. Charity Participants agree that all funds raised as a result of their participation in the Event shall be raised using legal methods and in the information relating to the Event provided to Charity Participants in advance of the date of the Event (“Event Information”).
e. Sponsor forms are emailed to participants and an online fundraising page can be set up using this link: http://uk.virginmoneygiving.com/charities/SWASC.
f. All funds raised for the Charity’s work shall be held on trust by each Charity Participant for the Charity and paid to the Charity as soon as reasonably possible and in any case within 8 weeks after the date(s) on which the Event is scheduled to take place (“Event Date”).
5. Age of Participants
a. All Charity Participants must be aged 18 or over by the Event Date unless the Event Organiser’s terms and conditions state a different minimum age limit.
6. Health and fitness
a. All Charity Participants take part in the Event at their own risk.
b. Charity Participants who have any doubt about their health or have a medical condition that could be affected by exercise should obtain their doctor’s approval before participating in any Event.
c. The Charity shall not be under any obligation whatsoever to process, analyse or otherwise take any action on any medical information disclosed to it either during or after the registration process for an Event.
d. All Charity Participants agree that, as far as they are aware, they are sufficiently fit and physically able to compete in the Event and, to the extent that it may be necessary; they have sought and relied upon any medical advice before the Event Date. It is each Charity Participant’s own responsibility to assess their fitness and to ensure that they participate only if sufficiently fit. Should any medical or physical condition arise prior to the Event which is likely to affect a Charity Participant’s ability to compete in the Event, the Charity Participant should withdraw from the Event.
7. Safety
a. All Charity Participants should ensure that any equipment or clothing used is in good condition and suitable for the Event.
b. Participants acknowledge and agree that because Events often take place in public spaces and because the Charity is not responsible for organising the Event, the Charity cannot be held liable for any damage caused outside of its direct control.
8. Insurance
a. The Charity does not provide any insurance, whether life or medical or liability, for any illness, accident, injury, death, loss or damage that may arise in connection with the attendance at and/or participation in the Event. Participants shall be responsible for arranging their own suitable and adequate insurance protection to cover their participation in the Event, including without limitation cover:
i. for material loss/damage to any equipment they may use in the Event or personal property (including clothing);
ii. any loss or damage they may cause to a third party;
iii. sickness; or
iv. negligence of any party.
9. Liability
a. Subject to paragraph 10(b), neither the Charity nor its agents or representatives shall be liable for:
i. any injury or accident causing loss or damage to a Charity Participant or any third party where this is sustained as a result of a Charity Participant taking part in the Event; or
ii. any loss or damage sustained by a Charity Participant as a result of: the cancellation of the Event for any reason; any changes made to the Event for safety or any other reasons; or any circumstances beyond the control of the Charity.
b. Nothing in these Terms and Conditions shall limit or exclude the Charity’s liability in respect of death or personal injury sustained as a direct result of:
i. the negligence, breach of statutory duty or fraudulent misrepresentation of the Charity, its agents or representatives; or
ii. a deliberate act or omission of the Charity, its agents or representatives.
c. Charity Participants and their friends and family members who attend the Event do so entirely at their own risk.
d. Each Charity Participant is responsible for his/her actions whilst attending or participating in the Event. This includes at the Event start point, during the Event and at the completion point. The Charity accepts no responsibility for the actions of a Charity Participant nor the consequences of such actions.
10. Withdrawal and Refunds
a. Registrations to participate in the Event are non-transferable to another year. Participation in the Event is personal to each Charity Participant and Charity Participants are strictly prohibited from swapping, selling or transferring their place in the Event or allowing any other person to participate in their place.
b. Charity Participants must send written confirmation of their withdrawal via letter or email to the Charity address or email address contained in the Event Information.
c. The Charity, the Event Organiser or its or their agents or representatives reserve the right to refuse entry to the Event or ask a Charity Participant to cease participation if a Charity Participant:
i. fails to follow instructions given by Event officials;
ii. attempts to participate in the Event in a manner that the Charity or the Event Organiser or its or their agents or representatives, acting reasonably, believes:
1. may cause injury to the Charity Participant;
2. may cause injury to another Charity Participant;
3. may damage or harm the environment;
4. is likely to cause offence; or
5. otherwise cause a risk or potential risk to health and safety.
iii. is, in the opinion of he Charity, the Event Organiser or its or their agents or representatives, unfit to participate in the Event due to:
1. the consumption of alcohol;
2. the use of drugs;
3. an injury or illness; or
4. failure to arrive at the start check in at the specified time.
11. Cancellation and Changes to the Event
a. The Event Organiser may cancel the Event in accordance with their terms and conditions. If the Event is cancelled for any reason then the Charity will have no responsibility for any costs incurred as a result of such cancellation, including any travel or accommodation costs.
b. All Charity Participants acknowledge and agree that the organisation and staging of the Event is under the control and direction of the Event Organiser and the Event Organiser’s terms and conditions will apply in respect of any cancellation, alteration or re-scheduling of the Event, including the giving of any notice in respect of any change or cancellation.
c. The Charity will use its reasonable endeavours to communicate any changes to the Event to each Charity Participant at the Event or sooner if practical.
d. If the Event is cancelled for any reason, the Charity will, upon the written request of the payee, return any sponsorship money paid.
12. Photos and Publicity
a. Photographs and films will be taken throughout each Event by the Charity and/or its contractors and/or its agents. All Charity Participants consent to all and any use in any current or future media by the Charity and/or its group companies of any photographs, images and/or films in which they feature.
b. Photographs of children will not be used in this manner without express written consent unless the images are incidental, for example, children’s images at the start line within the crowd.
c. All Charity Participants acknowledge and agree that no payment will be made to any Charity Participant for the use of any photographs, images or films in which they may feature.
13. Data Protection
a. Each Charity Participant agrees that information provided to the Charity in connection with Events may be used by the Charity in accordance with prevailing data protection legislation.
b. The Charity will use the information provided by Charity Participants to register applicants for Events, process registrations applications and manage the Charity Participant’s involvement in the Event. The Charity will keep the Charity Participant up to date with the Charity’s activities or provide any other information in accordance with their stated preferences.
c. Each Charity Participant will agree to provide emergency contact information when registering for an Event.
14. Acceptance of these Terms and Conditions
a. By registering with the Charity to participate in the Event, a Charity Participant agrees to be bound by these Terms and Conditions.
b. If any provisions in these Terms and Conditions, whether in full or in part, is held to be invalid or unenforceable, all other remaining provisions (in full or in part) shall continue to be valid and enforceable.
c. The Charity may vary these Terms and Conditions from time to time and the up to date terms shall be available on the Website.
d. These Terms and Conditions and any dispute or claim that arises out of or in connection with them is governed by and construed in accordance with the law of England and Wales. The courts of England and Wales have exclusive jurisdiction to settle any dispute or claim that may arise out of or in connection with these Terms and Conditions.