Manchester Triathlon Club Events - Terms and Conditions
Manchester Triathlon Club ("Event Organiser") is a volunteer led incorporated charity promoting the sport of triathlon and multi sports events in the North West. Boundary Breeze Triathlon and the summer Aquathlons (each an "Event" and together the “Events” unless specifically referred to otherwise) are organised by the Event Organiser.
Participation in any of the Events is subject to the following Terms and Conditions:
1. Participation
1.1. By submitting the online Entry Form for the Event and paying the entry fee the participant agrees to be bound by these Terms and Conditions.
1.2. The minimum age for participation in Boundary Breeze is 17 years. The minimum age for participation in the Aquathlons is 14 years.
1.3. For each of the Events, where a participant has attained the minimum age of entry set out above but is under 18 years, the participant must submit a parental consent form signed by a parent or legal guardian at registration on the day of the Event in order to participate (or in advance of the Event if required by the Event Organiser. A parental consent form is available to download from the Event Organiser’s website. Where applicable, the participant's parent or legal guardian acknowledges that he/she has read and accepts these Terms and Conditions.
1.4. It is the participant’s responsibility to provide accurate and truthful information when completing the Entry Form and any errors in information provided is the responsibility of the participant. If at any point the Event Organiser discovers that the participant has provided false or inaccurate personal information, or that the information provided makes the participant ineligible to participate in the Event, the Event Organiser reserves the right to refuse entry or disqualify the participant without any refund of the entry fee.
1.5. The participant acknowledges and agrees that participation in the Event is physically strenuous and will be physically demanding. By submitting the Entry Form, the participant agrees that he/she is physically capable and fit enough to participate in the Event and acknowledges and agrees that he/she is aware of the nature of the Event and the associated medical and physical risks involved.
1.6. The participant agrees that he/she is solely responsible for his/her actions and (subject to Condition 8.4), the Event Organiser, its officials/officers, agents or medical advisers are not responsible for any injury or illness that he/she may suffer as a result of participation in the Event. 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 in the Event, the participant will withdraw in accordance with Condition 5.2 of these Terms and Conditions.
1.7. The participant agrees to abide by all applicable laws, rules and regulations, including British Triathlon Federation (BTF) competition rules and regulations. Full details of these rules and regulations can be found at:https://www.britishtriathlon.org/britain/documents/events/competition-rules/british-triathloncompetition-rules-2018.pdf. If there is any conflict between the BTF rules and regulations and these Terms and Conditions, these Terms and Conditions shall take precedence.
1.8. The Event Organiser is also entitled to impose Event rules from time to time which will form part of these Terms and Conditions.
1.9. It is each participant’s responsibility to ensure that he/she has the correct equipment and clothing for the Event. In particular for Boundary Breeze, each participant must bring and use a roadworthy bicycle and a helmet which is mandatory in accordance with BTF rules -"No helmet no race". Race numbers must be worn when participating in the Event.
1.10. At registration, the participant must produce appropriate photographic personal identification acceptable to the Event Organiser or his/her BTF membership card. Failure to do so will result in a participant being unable to participate in the Event and no refund of the entry fee will be given in such case.
1.11. The Event Organiser reserves the right at any time to remove a participant from the Event or prevent a participant from participating in the Event if in the Event Organiser’s sole discretion, it considers such action necessary including: (i) for safety reasons; (ii) for the proper enjoyment of the Event by other participants; (iii) where a participant fails to follow instructions given by the Event Organiser or any Event official; (iv) where a participant is unfit to participate due to the consumption of alcohol or drugs or has an injury or illness; (v) where a participant fails to arrive at the Event start location at the specified time; (vi) where a participant is unable to make sufficient progress in the Event so that in the Event Organiser’s opinion the participant will be unable to complete the Event within the timelines set by the Event Organiser; and/or
(vii) for any reason where the Event Organiser considers a participant not to be in compliance with or not to have complied with these Terms and Conditions. No refund of the entry fee shall be made if a participant is removed from the Event or prevented from participating in the Event for any such reason under this Condition 1.11.
1.12. Participation in the Event is personal to a participant. A registered participant is only allowed to transfer his/her entry to another person strictly in accordance with Condition 5.1 of these Terms and Conditions. No other transfer and/or swopping of race numbers is permitted and will lead to disqualification from the Event. Entries cannot be deferred.
1.13. A participant must attend the Event briefing before the start of the Event and must at all times adhere to all instructions given by the Event officials/volunteers. Failure to adhere to such instructions may result in a time penalty or disqualification from the Event. Where a participant incurs a time penalty or is disqualified from the Event, no refund of the entry fee shall be given to a participant in such circumstances.
2. Collection and Use of Data
2.1. The participant agrees that his/her personal details provided when completing the Entry Form may be collected and stored for the purposes of the Event by: (i) the Event Organiser; and (ii) any third party appointed by the Event Organiser to assist with the administration and organisation of the Event, and may be disclosed to the BTF and/or Triathlon England where required. The participant agrees and understands that his/her name, age group (if applicable) and gender will appear in public lists of competitors and results. If the participant has agreed to apply for a BTF day membership, the personal details provided by the participant for this Event may be forwarded to the BTF/Triathlon England.
2.2. The participant agrees that any medical information provided by him/her on the Entry Form may be used to treat or otherwise assist the participant as a result of illness or injury sustained arising from his/her participation in the Event and/or used by assisting medical personnel where deemed necessary. The participant agrees to inform the Event Organiser of any change in his/her medical condition from the date of completion of the Entry Form up to and until the start of the Event which is likely to affect his/her participation in the Event.
2.3. By participating in the Event, the participant consents to his/her appearance in the Event being filmed, photographed, recorded by all means and used in any and all media and formats by the Event Organiser and/or its assignees for the purposes of advertising, publicity, promotion and otherwise in relation to the Event.
2.4. A participant acknowledges and agrees that his/her data will be kept by the Event Organiser for a reasonable period as necessary in accordance with legal requirements and for administration purposes.
3. Communication
3.1. All communication from the Event Organiser to the Event participants will be by email only. Please ensure that the email address entered on the online Entry Form is correct and as set out in Condition 1.4, the Event Organiser accepts no responsibility for inaccurate information provided by a participant. No information for any Events will be posted to participants. For Boundary Breeze, information including the ‘Competitor’s Information Pack’ will be available from the Event Organiser’s website before the race at the following link: https://manchestertriathlonclub.org.uk/boundary-breeze/ and a participant will receive an email closer to the Event date informing him/her when the ‘Competitor’s Information Pack’ is available to download. It is the participant’s responsibility to read and understand the Event information prior to participation in the Event. Information about the Aquathlons will be available in advance on the Event Organiser’s website at the following link: https://manchestertriathlonclub.org.uk/aquathlons/.
3.2. The Event Organiser will use reasonable endeavours to provide an Event finish time for each participant, however the Event Organiser cannot be held responsible for any computer result anomalies or any technical malfunctions.
4. Payment
4.1. The participant shall complete the Entry Form online and submit it together with payment of the fee online in accordance with the Event Organiser’s website. The participant shall not be eligible or entitled to participate in the Event until full payment of the fee has been received by the Event Organiser. No payment shall be deemed to have been received until the Event Organiser has received cleared funds.
5. Transfers, Withdrawals and Refunds
5.1. If a registered participant is unable to compete in the Event, the Event Organiser will allow the participant to transfer his/her entry to another individual (“Transferee”) provided the original registered participant and the Transferee complete the transfer via the online entry system no later than 14 days prior to the date of the Event. After which time no transfers shall be accepted. Where an entry is transferred via the online entry system, the original registered participant will receive a refund of his/her entry fee subject to the Event’s Organiser’s administration fee. The Transferee will be required to pay the full Event entry fee when registering via the online entry system.
5.2. This Condition 5.2 applies to Boundary Breeze only. If a registered participant needs to withdraw from the Event after entering, the participant must use the online entry system to cancel his/her entry. Please note that the Event Organiser incurs costs as soon as a participant registers for the Event so the following refund policy shall apply:
If a participant cancels:
(a) 5 months or more prior to the Event date, a full refund of the entry fee will be given (less the Event Organiser’s administration fee); (b) between 3 and 5 months prior to the Event date, a 75% refund of the entry fee will be given (less the Event Organiser’s administration fee); (c) between 1 month and 3 months prior to the Event date, a 50% refund of the entry fee will be given (less the Event Organiser’s administration fee); or (d) less than 1 month prior to the Event date, no refund will be given.
Any refund issued in accordance with this refund policy will be issued back to the same card which the participant used to enter the Event and such refund will be payable less the Event Organiser’s administration fee.
5.3. Other than as set out in Condition 5.1, no refund of an Aquathlon entry fee shall be made to a participant who withdraws from an Aquathlon.
6. Event Changes
6.1. The Event Organiser reserves the right to change the Event at its sole discretion without prior notice for reasons outside of the Event Organiser’s control or otherwise (although the Event Organiser will where possible, use reasonable endeavours to notify participants of any such changes prior to the start of the Event). These changes may include alterations to the Event to include fewer disciplines, changing distances, changing the start time and/or changing the Event Date whether in any case decided by the BTF referee or by the Event Organiser. In the event of any such changes to the Event, no refunds or transfers will be available to a participant. The Event Organiser shall have no responsibility for any expenses incurred by a participant as a result of any changes made to the Event. For the avoidance of doubt, any changes made to the Event as set out in this Condition 6.1 shall not constitute a cancellation of the Event by the Event Organiser and no refund of the entry fee (in whole or in part) will be given to a participant in the event of any such change other than in the case of cancellation by the Event Organiser as set out in Condition 7.1.
7. Event Cancellation
7.1 Due to circumstances beyond the control of the Event Organiser, it may become necessary for the Event to be cancelled. Where this happens, the participant will be entitled to a refund of the entry fee (less the Event Organiser’s administration fee). The Event Organiser shall have no responsibility for any expenses incurred by a participant as a result of cancellation, including any travel or accommodation expenses.
8. Limitation of Liability
8.1. Participation will be at the participant’s own risk.
8.2. Subject to Condition 8.4 of these Terms and Conditions, the Event Organiser shall not be liable to the participant and/or to his/her heirs, successors and/or dependents in title whether in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise for any: (A) (i) loss of profits; (ii) loss of business; (iii) anticipated savings or wasted expenditure; (iv) loss of earnings; (v) loss or damage of or to personal equipment belonging to the participant; and/or (vi) any kind of physical, mental or other
loss or damage of whatsoever nature (whether in each case of (i) – (vi) arising directly or indirectly); and/or (B) any indirect or consequential loss or damage whatsoever arising out of the participant taking part in the Event and/or any other matter arising under these Terms and Conditions. In addition, the Event Organiser shall not be liable to a participant for any actions of any spectators or other third parties whether attending the Event or in the vicinity of the Event.
8.3. Subject to Condition 8.4, the Event Organiser’s total aggregate liability to a participant arising out of or in connection with a participant’s participation in the Event and/or any other matter arising out of or in connection with these Terms and Conditions shall not exceed an amount equal to the entry fee set out on the Entry Form paid by the participant pursuant to these Terms and Conditions at the time of such liability arising.
8.4. Nothing in these Terms and Conditions excludes or limits the Event Organiser’s liability: (i) for death or personal injury caused by the Event Organiser’s negligence, (ii) for fraud or fraudulent misrepresentation, or (ii) to an extent greater than is permitted by law.
9. Eligibility for Regional Championships
9.1 Where applicable, if the Event is part of the Triathlon England Northwest Region Championships, to be entitled to hold a Triathlon England Northwest Region Age Group Title, a participant must be a member of Triathlon England on the day of the Event. Individuals who do not meet these criteria may participate in the Event, but are not eligible to hold a Regional Age Group Title.
10. General
10.1. If any provision of these Terms and Conditions is held to be invalid or unenforceable, in whole or in part, the Event Organiser shall prepare in good faith an amendment to that provision to make it valid and legal. The validity and enforceability of the remainder of these Terms and Conditions shall not be affected.
10.2. These Terms and Conditions do not create, confer or purport to confer any benefit or right enforceable by any third party whether under the Contract (Rights of Third Parties) Act 1999 or otherwise.
10.3. References in these Conditions to “include” and “including” are to be construed without limitation.
10.4. These Terms and Conditions shall be governed by English law, and the parties accept the exclusive jurisdiction of the English courts.
