Terms and Conditions – Run Balmoral

TERMS & CONDITIONS OF ENTRY

The following Event terms and conditions are intended to ensure the safety of all Participants, to meet the requirements of local government permits and to be compliant with applicable Scottish Athletics and International Association of Athletics Federation (IAAF) regulations for Participant performance records and event liability.

All entry fees are non-refundable and the Event Organiser retains the right to refuse entry to anyone declaring false information on their entry form, not making the required payment, or otherwise failing to meet the stated entry requirements.

1 DEFINITIONS

1.1 “Conditions” means these terms and conditions of entry for the Event(s).

1.2 “Event” means the event named on the Entry Form and organised by Balmoral Road Races Ltd

1.3 “Event Date” means the date of the Event(s), as specified on the Entry Form.

1.4 “Entry Fee” means the price of entry into the Event as set out in the Entry Form.

1.5 “Entry Form” means the Event Organiser’s online registration system Participants must use in order to apply, register and pay for their entry to the Event.

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

1.7 “Event Organiser” means Balmoral Road Races Ltd, Estates Office, Balmoral, Ballater.

1.8 “Associated Parties” means the Event Organisers officers, employees, officials, marshals, stewards, suppliers and/or sponsors and/or persons for whom it is answerable.

1.9 “Charity” means the charity partner or partners of the event.

1.10 “Participant” means the person named on the Entry Form who will be participating in the Event.

1.11 “Event Pack” means the official pack issued by the Event Organiser to the Participant containing all relevant Event materials.

1.12 “Withdrawal” means once the Participant has received written (via email or post) confirmation from the Event Organiser acknowledging the Participant’s request to withdraw from the Event.

2 ENTRY & PAYMENTS

2.1 The Participant shall complete the Entry Form online and submit it together with payment of the Entry Fee online in accordance with the Event Organiser’s website.

2.2 The Participant shall not be eligible or entitled to participate in the Event until full payment of the Entry 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.

2.3 The Participant acknowledges that all Entry Fees, are non refundable.

2.4 By submitting your application and paying your entry fee you agree to enter the Event and also agree to abide by these conditions of entry and any instructions given to you by the Event Organisers, officials and marshals before, during or after the Event.

2.5 The Participant agrees to abide by all applicable rules and regulations of any relevant sporting governing bodies that may oversee the Event, including but not limited to Scottish Athletics. The Participant shall not be entitled to a refund of the Entry Fees if he or she is disqualified from the Event as a result of an infringement of these Conditions or any such rules and regulations.

3 PARTICIPATION

3.1 To register for the John Clark Motor Group Devil of Deeside, Duathlon and 15 Mile events you must be 18 years or older on the day of the Event.

3.2 To register for the 10K and 10K Corporate Challenge you must be 16 years or older on the day of the Event.

3.3 To register for the TRAC Wee Trail and Harbour Energy 5K you must be 15 years or older on the day of the race.

3.4 To register for the MPH 1.5K you must be 12 years of age or under on the day of the Event.

3.5 To register for the 2.5K you must be 11 to 15 years on the day of the event.

3.6 Stena Drilling / Harbour Energy Corporate Challenge: teams must contain a minimum of 4 runners in each of the 5K and 10K. Incomplete teams will not be accepted. Companies may enter more than one team. All entries must be from bona fide employees of the company. The team with the lowest combined net time will be declared the winner and will receive the magnificent antler trophy as well as 4 X 5K places for 2023 and 4x 10K places for 2023.

3.7 Each Participant must agree to the disclaimer and Terms & Conditions before participating in the Event.

3.8 All Participants acknowledge that the Event is physically strenuous. As such they must be medically fit to participate and take full responsibility for their own personal health and fitness. Participants are strongly advised to consult a doctor before undertaking any strenuous exercise or training programme, or participating in the Event.

3.9 Visually impaired runners: Entries from blind or visually impaired runners are welcome, however all such Participants must be accompanied by a supporting runner. It is strongly advised that the blind or visually impaired runner and his /her guide should be appropriately identified, and must be linked together. A complimentary place will be provided for guide runners. All such entrants must contact RunBalmoral prior to entering by email at info@runbalmoral.com and we will be able to advise you on your participation.

3.10 The Participant acknowledges that any Withdrawal on medical grounds will not entitle them to a refund.

3.11 All Participants must attend registration at the times and on the day as instructed by the Event Information, which will be issued by the Event Organiser before the Event.

3.12 Only Event finishers will receive a medal, t-shirt and an Event giveaway. Non Participants are not eligible for a medal, t-shirt or Event giveaway.

3.13 An email address is required for all entries. All correspondence will be via email. A separate email address for each Participant is preferred but not required.

3.14 The Event Organiser will email all communications including newsletters and other relevant Event information to the email address provided by the Participant at the time of Entry. The Event Organiser shall not be held responsible for any computer malfunctions or other technical anomalies that may occur in the process of sending out such email communications that may lead to failure of receipt by the Participant. To ensure receipt of all Event Information, it is the sole responsibility of the Participant to ensure they provide the Event Organiser with the correct email address and postal address and to inform the Event Organiser of any changes no later than twenty one (21) days prior to the Event.

3.15 We take no responsibility for items lost or misplaced in the post or, if you fail to comply with condition 3.15, for items dispatched to the wrong address.

3.16 The Participant acknowledges and accepts that circumstances concerning an Event may change from time to time for reasons out of the Event Organiser’s reasonable control or otherwise, without the Event Organiser incurring any liability and without any rights to Withdrawal being accrued by the Participant other than set out in condition 6 below. By way of example, and for illustration purposes only, the exact route of any part of the Event may change but such changes/issues will not allow the Participant to withdraw and nor will the Event Organiser be deemed liable except as otherwise set out herein.

4 EVENT SAFETY

4.1 Prior to and during the Event you will be responsible for your own safety. Each Participant will take all reasonable care to ensure the safety of other Participants and will comply promptly with all instructions and guidelines given by the Event Officials.

4.2 The Participant must not deviate from the official route which will be marked with Event signage from start to finish. There will be marshals located on the route and all volunteers and staff involved in the Event will be clearly identifiable.

4.3 If you retire from the Event you must inform the route marshals.

4.4 All decisions and rulings made by the Event Organiser are final. Accordingly, Participants will comply with all Event rules and all instructions and guidelines given by officials, 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 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.

4.5 It is your responsibility to ensure that you have the correct equipment, footwear and clothing for the Event, taking weather conditions into account.

4.6 For safety reasons you are not permitted to be accompanied by your pets or other animals when participating in the Event, this includes Assistant Dogs.

4.7 Your participation in the Event is personal to you, you are strictly prohibited from swapping, selling or transferring your place in the Event or allowing any other person to wear your Event number and participate in your place. If you are found to be in breach of the condition 4.7 we reserve the right to exclude you from participation in future Events.

4.8 The Event Organiser reserves the right at any time to remove a Participant from the Event or prevent the Participant participating in the Event if in the 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 if the Participant has acted negligently, maliciously, with wilful misconduct or otherwise without due care and attention for the Event or other Participants, so as to cause his/her removal.

4.9 Throughout the Event, Participants will be checked for their suitability to continue on grounds of capability. If any of the marshals and medical staff believe that the safety of the individual will be compromised by their continued participation, they reserve the right to ask that person or persons to stop.

4.10 NO headphones are permitted to be worn by Participants for the duration of the Event. This Event is run under Scottish Athletics rules and therefore MP3 players or other devices plugged into the ear are banned whilst running for reasons of health & safety, both yours and other competitors. When you wear such a device you are unable to hear other competitors, cars, bicycles or marshals instructions. Wireless bone conductor headphones are exempt from this clause and are permitted.

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

4.11.1 Roller skates

4.11.2 Wheel barrows or trolley carts

4.11.3 Wheelchairs (standard, race, electric or motorized) – except for permissible wheelchair entries in Harbour Energy 5K

4.11.4 Nordic sticks or any other walking poles

4.11.5 Baby joggers or strollers

4.11.6 Cycles (except in the Duathlon!); or

4.11.7 Any other item that could potentially inhibit the flow or safety of other Participants or which the Event Organisers consider may cause danger or risk of danger to you or other Participants.

4.12 Any attempt to use may result in the forcible removable of the items and disqualification of the individual.

4.13 Fancy dress costumes can be worn, however, we reserve the right to prevent you from participating in the Event if we consider that the fancy dress outfit may cause danger or risk of danger to you or other Participants.

4.14 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 (as initiated by the Event Organiser at its discretion) to ensure the safe and proper running of the Event. Consequently, Participants may be instructed to withdraw from the Event in accordance with imposed cut off times. Participants will be advised of these cut off times in advance of the Event.

4.15 All Participants must display (on their front) a valid running number at all times. Unregistered Participants are not permitted into the start or finish area and will be removed from the course by the course marshals. Resources of the Event organisers, including medical and safety services, along with Event supplies for drink stations and finishers packs, are reserved solely for registered entrants. Any unregistered runner intending to participate should seriously reconsider as they pose a serious safety risk. Any unregistered Participants should be reported to the nearest Event Official.

5 EVENT EJECTION

5.1 We reserve the right to refuse entry to the Event or ask Participants to cease participation if:-

5.1.1 Participants fail to follow instructions given by the Event Organiser, officials and marshals;

5.1.2 Participants attempt to participate in the Event in a manner that we, acting reasonably, believe:-

May cause injury to you;
May cause injury to another Participant;

iii. May damage or harm the environment;

Is likely to cause offence; or
Otherwise causes a risk or potential risk to health and safety including any failure, in whole or in part, to comply with the restrictions in Condition 4 above (Event Safety);

5.1.3 In our opinion Participants are unfit to participate in the Event due to:-

The consumption of alcohol;

vii. The use of drugs

viii. An injury or illness; or

5.1.4 Participants fail to arrive at the start location at the specified time; or

5.1.5 Participants are unable to make sufficient progress in the Event to allow them complete the Event in line with timelines set by Event Organisers.

5.1.6 Participants take part in any ambush marketing activity

6 WITHDRAWAL, CANCELLATIONS, REFUNDS OR ALTERATIONS

6.1 The Event Organiser operates a fourteen (14) day cooling off period. Accordingly, the Participant is entitled to cancel his/her application to participate provided the Event Organiser receives written notice of cancellation within fourteen (14) days of payment of Entry Fee (payment being deemed made for the purpose of this condition 6.1 by clicking on the make payment link on the secure payment webpage). During this fourteen (14) day period the Participant is able to cancel his/her entry and receive a full refund of the Entry Fee by emailing info@runbalmoral.com or writing to the Event Organiser at Estates Office, Balmoral, Ballater. AB35 5TB The notice must be received before the end of the 14 day cooling off period.

6.2 We reserve the right to retain £5.00 from any refund given in accordance with condition 6.1 as a contribution to administrative costs.

6.3 Entries are non-transferable either to a different Participant or to another Event in the current year or in future years.

6.4 The Event Organiser reserves the right to alter the start 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 practicable. No refund in full or in part shall be made for any change in start time for an Event provided the Event takes place on the specified date of the Event.

6.5 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 fourteen (14) days to inform the Event Organiser in writing (or by email) from when the change in date is announced to receive a full refund of their Entry Fee. If the date of the Event is changed, there shall be no further liability (including any travel or accommodation costs) whatsoever arising from such change of format.

6.6 The Event Organiser reserves the right to amend the Event format, route or distance in their sole discretion or cancel the Event due to circumstances beyond its reasonable control or for any safety related reason.

6.7 In the event of the Event being cancelled:-

6.7.1 The Event Organiser will endeavour to stage the Event at a later date either at the same venue or at an alternative venue. Any changes to the Event will be communicated to you at the Event or sooner if practicable;

6.7.2 You will have the right to take part in the re-staged Event; and

6.7.3 If you are unable to take part in the re-staged Event you will receive a refund of the fees as per condition 6.5 above.

6.8 In the event of cancellation of the Event we will have no responsibility for any costs incurred as a result of cancellation including any travel or accommodation costs, including your travel to the Event location.

6.9 If in the following circumstances:-

6.9.1 We cancel the Event if circumstance beyond our reasonable control arise; or

6.9.2 We cancel the Event in accordance with condition 6.7

6.9.3 Event Organiser reserves the right to retain £5.00 from the refund of the Fee as a contribution to administration costs.

7 EVENT ORGANISER RESPONSIBILITIES/LIABILTY

7.1 Notwithstanding anything in these Conditions, the Event Organiser shall not be liable to the Participant for any liability in contract, delict (including negligence) or otherwise for 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 within 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 Conditions 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.

7.2 Accordingly the Participant hereby expressly and irrevocably renounces, for him/herself, dependents and successors in title the right to any recourse or claims whatsoever against the Event Organiser and Associated Parties, as a result of any kind of physical, mental or other loss or damage of whatsoever nature (including any loss of earnings, profits, or pain and suffering) suffered by the Participant, directly or indirectly, or by his/her family or by any dependents and caused by an event in any way relating to the Participant’s participation in the Event, and the Participant hereby undertakes, for him/herself, dependents and successors in title to indemnify and hold harmless the Event Organiser, and the Associated Parties for any costs and/or amount, which they or any of them may be required to pay as a result of any aforesaid recourse or claim by whomsoever made. The Participant also agrees to indemnify the Event Organiser and the Associated Parties for any claim, actions, liabilities or losses resulting from any breach of the Participant’s declarations above and/or the Participant’s negligent acts or omissions and/or wilful misconduct.

7.3 Nothing in these Conditions shall exclude or limit the liability of the Event Organiser:

7.3.1 for death or personal injury caused by the Event Organiser’s negligence;

7.3.2 for fraud or fraudulent misrepresentation; or

7.3.3 for any matter which it would be illegal for the Event Organiser to exclude or attempt to exclude liability.

7.4 This condition 7 shall be read and construed and shall have effect subject to any limitation imposed by any applicable law.

7.5 We shall procure and maintain appropriate third party liability insurance for the Event for our own benefit. You:

7.5.1 acknowledge that you are not entitled to benefit under such insurance where any claim is made against you by a third party for death, personal injury or damage to property arising out of or in connection with your negligent actions or omissions whilst participating in the Event; and

7.5.2 shall indemnify us and keep us indemnified against any claim made against us by a third party for death, personal injury or damage to property arising out of or in connection with your negligent actions or omissions whilst participating in the Event.

8 PERSONAL DATA, PUBLICITY AND RESULTS

8.1 In the course of registering and participating in the Event we will collect personal data from you. We may process and use the personal data collected for organisation, administration, research and promotion purposes. You are entitled to request access to, and correction of, all personal data collected by us, as well as requiring us to delete your data if you no longer wish us to process it after having taken part in RunBalmoral. To make such a request, please e-mail us at: info@runbalmoral.com

8.2 Photos taken during the Event by our official Event photographers may be used in the Event marketing literature. By entering the Event you give permission for the free use of your name, voice or picture in any photo, images or video footage broadcast, telecast, advertising, promotion or other account of the Event, the sponsor and the beneficiary charities in any future fundraising, marketing or publicity materials including national and regional press and on any of our website(s) as well as on the Event, sponsor or charity beneficiaries’ Social Media accounts. In addition, you agree to the Event, sponsor or charity beneficiaries storing copies of such photo images or video footage.

8.3 The Event Organiser may also use your details to send you information about future Events which we think may be of interest to you.

8.4 The Event Organiser will use reasonable endeavours to provide an Event finish time for the Participant however it cannot be held responsible for any computer result anomalies or any technical malfunctions.

8.5 Results and prize giving are based on the information provided by the Participant on the Entry Form.

8.6 The Event Organiser will contact you from time to time about the Event and related activity. Your details will also be passed onto the official Event photographers in order for them to email you regarding your photos after the Event. They will not contact you about anything other than your Event photo. The Event Organiser will not pass your details onto any other third parties without your consent on the Entry Form (or similar).

8.7 By agreeing to the Conditions you will receive a number of information emails which will include training information, Event instructions and latest updates on the Event.

8.8 By agreeing to the Conditions you warrant that you will not take part in any ambush marketing activity in respect of the Event.

9 CHARITY PLACES

9.1 Your entry to the Event will be acknowledged via a confirmation email. If you are taking part to raise money for a charity you should not start any fundraising until you receive this email.

9.2 By opting to run for the charity during the entry process you consent to the Event Organiser making your contact details available to the charity concerned.

10 GENERAL

10.1 These 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 in submitting the Entry Form (and the documents referred to therein) it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty, understanding, promise or assurance (whether negligently or innocently made) of any person (whether party to these Conditions or not) other than as expressly set out in these Conditions.

10.2 Nothing in these Conditions shall constitute or be deemed to constitute a partnership between the parties hereto or constitute or be deemed to constitute either party as agent of the other for any purpose whatsoever and neither party shall have authority or power to bind the other or to contract in the name of the other in any way or for any purpose.

10.3 No waiver by either party of a breach or a default hereunder shall be effective unless in writing and signed by both parties and any such waiver shall not be deemed to be a waiver of any subsequent breach or default of the same or similar nature.

10.4 If any provision of the Agreement is invalid or unenforceable, in whole or in part, the validity of the remainder shall not be affected.

10.5 These Conditions shall be interpreted in accordance with the laws of Scotland and any dispute arising hereunder shall be subject to the exclusive jurisdiction of the Scottish Courts.

11 MEDICAL DISCLAIMER

11.1 You warrant to the Event Organiser that you are, and will be on the Event day, sufficiently fit and healthy to participate in the Event unaided and in accordance with the Agreement. If you are in any doubt we recommend that you seek medical advice.

11.2 It is strongly recommended that you train for the Event and prepare for the challenge. If you have not exercised before or for some time, you should consult your doctor before commencing your training for the Event.

11.3 You understand that you are taking part in an Event in a remote and rural location where there will be a longer medical response time in the event of emergency. You agree to take part in this Event at your own risk and will not hold Event Organisers medical staff responsible in the event of acute illness, injury or death.

11.4 In the event of an accident or illness whilst taking part in this Event, you hereby give permission for Event Organisers medical staff to initiate medical treatment and to inform your next of kin in case of hospitalisation.

11.5 You must complete all the required medical information fields (including next of kin contact number) on the back of your Event number prior to participating in the Event. Medical information will only be used to allow medical assistance to be given on the Event date.

11.6 Participants must agree to inform the Event Organisers medical staff of any medical or other condition that might affect their ability to take part in the Event.

12 EVENT DISCLAIMER

12.1 In order to run any Event runners agree the following disclaimer and to the Terms & Conditions:

12.2 I declare I will abide by the age limits set for the Event and will abide by the laws and rules of the Scottish Athletics Limited (SAL). I declare that I will not compete in the Event unless I am medically fit on the day of the Event and that, in any event, I will compete at my own risk. I accept that the organisers, sponsors, partners, official, marshals will not be liable for death, injury, any loss, damage, action, claim, costs or expenses, arising from my participation in the Event save to the extent that it is caused by our negligence. I also hereby give my permission to the Event Organiser to use my name, quotes, video and photographic likeness for marketing and promotional purposes. I also understand that entry fees and related purchases are non refundable, non transferable and cannot be deferred.