Walsall Rotary

TERMS & CONDITIONS


1. INTRODUCTION
a. These terms and conditions govern participation in the Walsall Run which comprises:

i. a 10k run (“the 10k”);
ii. a 5k run (“the 5k”); and
iii. a 3k walk in memory of Sam Ramaiah (“the 3k Walk”)

b. Together these events are referred to in these terms and conditions as “the Walsall Run”.

c. The “Event Date” is the date upon which the Walsall Run takes place.

d. Participation in the Walsall Run is subject to and conditional upon the following terms and conditions:

2. REQUIREMENTS
a. Only people properly registered in accordance with these terms and conditions are eligible to take part in the Walsall Run (“Participants”).

b. Participants in the 10k must be at least 15 years old on the Event Date. Participants in the 5k must be at least 11 years old on the Event Date. Participants in the 10k and 5k runs aged under 18 on the Event Date must be registered by a Parent or Legal Guardian on their behalf.

c. Participants in the 3k walk aged 16 or below on the Event Date must be registered by a Parent or Legal Guardian on their behalf and Participants aged 0-15 must be accompanied in the 3k walk by a Parent or Legal Guardian.

d. Parents or Legal Guardians registering on behalf of a Participant shall be deemed to have accepted these terms and conditions on the Participant’s behalf and further agree to take full responsibility for such Participants on the Event Date.

3. THE ROTARY CLUB OF WALSALL
a. The Walsall Run is organised by the Rotary Club of Walsall (“the Club”).

b. The Club may be contacted at:

i. www.walsallrun.com; or
ii. www.rotary-ribi.org/clubs/homepage.php?ClubID=1272


4. REGISTRATION & ACCEPTANCE OF TERMS
a. Each Participant must register for the Walsall Run either online at www.walsallrun.com or by completing and returning to the Club an entry form.

b. Participants shall be deemed to have accepted these terms and conditions:

i. when completing their online registration; or
ii. by completing and returning to the Club an Entry Form.

c. Participation in the Walsall Run may not be assigned to any other person.

d. The Club may in its absolute discretion amend these terms and conditions from time to time.

5. PAYMENT
a. Each Participant is required to pay a fee prior to participating in the Walsall Run.

b. The Club reserves the right to refuse to allow any person to participate in the Walsall Run if they have not made payment of the appropriate fee.

c. Fees for participation in the Walsall Run are non-refundable except in the absolute discretion of the Club.

6. WALSALL RACE NUMBERS
a. Following successful registration and payment of the appropriate fee each Participant will be provided with a Race Number.

b. During the Walsall Run Participants must ensure that their Race Number is:

i. worn by them for the duration of the event for which they have entered;
ii. affixed to their clothing in a prominent location;
iii. visible and not defaced in any way;
iv. not given or transferred to any other Participant or person; and
v. not tampered with.

c. Each Participant must write their name and emergency contact details on the reverse of the race number.

d. Any Participant who fails to comply with paragraphs 6(b) or 6(c) may be disqualified and required to immediately cease participation in the Walsall Run.

7. CHIP TIMING
a. To Race Numbers issued to Participants in the 10k and 5k will be affixed a micro-chip. That micro-chip will record the start and finish times of each Participant in the 10k and 5k.

b. Each relevant Participants’:

i. Starting Time is deemed to be the time that the Participant crosses the starting line following the commencement of the event for which they have entered;

ii. Finishing Time is deemed to be the time that the Participant crosses the finishing line of the event for which they have entered; and

iii. a Participant’s Race Time is deemed to be the total time taken by the Participant to complete the event for which they have entered commencing on their Starting Time and ending on their Finishing Time.

c. The winners of each event shall be determined in accordance with the provisions set out below and not by reference to a Participants Race Time (see “Winners & Prizes” below).

d. The micro-chip affixed to each relevant Race Number will also enable the Club to identify the following information in respect of each relevant Participant:

i. Race type;
ii. Race Number;
iii. Name;
iv. Age;
v. Gender;
vi. Starting Time;
vii. Finishing Time;
viii. Race Time;
ix. Team name (if applicable); and
x. Running club (if applicable).

e. Each relevant Participant authorises the Club to share the data set out in paragraph 7(d) with such third party as the Club deems appropriate for the purposes of:

i. providing relevant Participants with their Race Times;
ii. publicity and advertising.

f. The Club shall process the data set out in paragraph 7(d) in accordance with its Privacy Notice which can be found at www.walsallrun.com (“Privacy Notice”).

g. Participants who are provided with micro-chip must not:

i. attempt to remove the micro-chip from its Race Number;
ii. deface or damage the micro-chip; or
iii. give or transfer the micro-chip to any other Participant or person.

h. The Club shall bear no responsibility for:

i. the accuracy of any Participants’ Race Time; or
ii. the proper functioning of the micro-chip or any time recording devices.

8. RACE RULES OF THE WALSALL RUN
a. Each Participant acknowledges that:

i. each event comprising the Walsall Run is physically strenuous;
ii. they are aware of the associated medical and physical risks involved; and
iii. they are, and will be on the Event Date, sufficiently fit and healthy to participate in the Walsall Run unaided;
iv. they enter the Walsall Run at their own risk;
v. the routes of the 10k and 5k are not suitable for wheelchairs; and
vi. the Club, its officers, agents, sponsors or medical advisers shall not be responsible for any injury, illness or damage that the Participant may suffer or sustain as a result of his/her participation in the Walsall Run (unless caused by the negligence of the Club).

b. Each Participant in the 10k and 5k acknowledges that:

i. the 10k and 5k races proceed along multi-terrain routes including grassed areas, gravel paths, muddy tracks, canal tow paths, the public highway, farmers’ fields, wooded areas and residential streets;

ii. the Club, its officers, agents, sponsors or medical advisers cannot be held responsible for the condition of the routes along which the 10k and 5k proceed;

iii. the routes of the 10k and 5k may contain a number of hazards including motor vehicles, water, slippery areas, fallen or low hanging branches from trees, tall grass, ploughed fields, dogs, pedestrians and other runners;

iv. the Club its officers, agents, sponsors or medical advisers shall not be responsible for the condition or state of the route of the 10k or 5k.

c. Each Participant must:

i. take reasonable care of themselves and other Participants;

ii. not do anything which may cause a risk to the health and safety of themselves, any other Participant or person;

iii. not use any equipment (for example phones, headphones or portable music devices) in a manner that acts as a distraction or an impediment to hearing or concentration for the Participant or any other person;

iv. not to use any equipment (including but not limited to roller skates, scooters, wheel barrows, bicycles etc) that could (a) cause a risk of injury to the Participant or any other person; (b) cause damage to the race route or property of any other person; or (c) cause any other Participant to become impeded;

v. be courteous and respectful to:

1. other Participants;
2. the Club’s officers, agents, marshals or medical advisers;
3. other users of the race routes (for example other users of Walsall Arboretum, the canal towpath, the public highway);

vi. not overtake any other Participate if it would be unsafe to do so;

vii. not overtake any other Participant along the canal towpath (in the case of 5k runners);

viii. follow the white line (in the case of 10k runners);

ix. not deviate from the race route unless advised to do so by a race marshal or by medical personnel;

x. take notice of and follow the signage along the race route;

xi. follow the reasonable directions of race marshals, organisers and medical personnel;

xii. run on the pavement or grass verges rather than on the public highway where possible;

xiii. immediately report any illness or injury to a marshal, organiser or the Club’s medical personnel;

xiv. not litter the race route;

xv. not cause any obstruction or damage to the race route;

xvi. not deface or otherwise tamper with any signage along the race route;

xvii. not to participate in the Walsall Run under the influence or alcohol, non-prescription or performance enhancing drugs;

xviii. undertake adequate preparation to be able to safely participate in the Walsall Run including (without limitation):

1. training and preparing for the Walsall Run by following a suitable training plan;
2. seeking medical or other professional advice where appropriate; and
3. participating in a pre-race warm up.

xix. if requested by the Club provide proof of identity or age; and

xx. complete the Walsall Run, by crossing the finishing line for the relevant event, within a reasonable period of time, unless unable to do so by reason of injury, illness or voluntary withdrawal from the event.

d. The Club reserves the right to:

i. refuse to allow any person to participate in the Walsall Run if they are not (or do not appear to the organisers to be) at or above the minimum age for participation set out in section 2 above;

ii. disqualify any Participant who fails to observe these terms and conditions; or

iii. remove any Participant from the Walsall Run, either during or before the event, if it appears that, in the absolute discretion of the Club, the Participant is unable, whether due to ill health or otherwise, to safely complete the event.

9. WINNERS & PRIZES
a. The winners of the 10k and 5k shall be determined on a “gun to finish” basis – in other words the first 3 male and the first 3 female Participants to cross the finish line in each of the 10k and 5k races shall be declared the winners (“the Winners”). The Winners will not be determined by reference to Participants’ Race Times.

b. Such prizes as may be decided by the Club from time to time shall be awarded to each of the Winners.

c. The Club may award prizes to Participants who enter as a team (comprising at least 4 Participants) in each of the 10k and 5k races. The team with the first 4 Participants in either the 10k or 5k to cross the finish line shall be declared the winner of the team prize.

d. The Club may in its absolute discretion award other prizes or trophies from time to time. Any unclaimed prizes may be reissued or reallocated at the discretion of the Club.

e. Any dispute regarding the allocation of prizes or as to the winners of any race or competition shall be determined by the Race Director, whose decision shall be final and binding.

f. The Winners consent to their photograph being taken for publicity purposes and for such photographs to be used by the Club in accordance with its Privacy Notice.

10. CANCELLATION, ALTERATION AND TIMINGS OF EVENT
a. The Club may in its absolute discretion:

i. change the date or timings of the Walsall Run or of the individual events (i.e. the 10k, 5k or 3k Walk);

ii. may alter or amend the routes taken by the 10k, 5k or the 3k Walk (including the position of the start or finish lines in each event);

iii. may amend the format of the Walsall Run including changing the distance of each event;

iv. limit the number of Participants to the Walsall Run; and

v. may cancel the event at any time because of circumstances beyond the reasonable control of the Club including, without limitation, fire, inclement weather, flood, earthquake, explosion, acts of a public enemy, war, insurrection, terrorist act or threat of terrorist act, sabotage, epidemic, embargoes, strikes or inaccessibility of the race routes.

b. In the circumstances set out in paragraph 10(a) Participants will not be entitled to a refund (either in full or in part) of any entry fees paid or to compensation for any losses sustained by reason of the cancellation or change in the event details.

11. LIABILITY AND INSURANCE
a. Participants take part in the Walsall Run at their own risk. Each Participant irrevocably agrees to hold harmless, indemnify and reimburse the Club from and for any liability, sum, costs, damages or expenses (including legal and professional fees) incurred by the Club in connection with any accident, loss, damage or injury (including death) arising out of the Participant’s attendance at and participation in the Walsall Run or any part thereof (except where any such injury or death is caused by the negligence of the Club or any of its officers, volunteers, marshals or agents).

b. Under no circumstances shall the Club be liable to any Participant in contract, tort (including negligence) or otherwise for any loss of business, revenue or profits, charity funds, anticipated savings or wasted expenditure, 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 an entry form) arising out of the Participant taking part in the Walsall Run or any other matter arising under these terms and conditions.

c. Nothing in these terms and conditions shall exclude or limit the liability of the Club:
i. for death or personal injury caused by the Club’s negligence;
ii. for fraud or fraudulent misrepresentation; or
iii. for any matter which it would be unlawful for the Club to exclude or attempt to exclude liability.

d. The Club will not be liable for any act or omission of any spectator or other third party, such as those providing refreshments, toilet facilities or first aid provision at the Walsall Run.

e. The Club may provide facilities for the temporary storage of Participants’ personal effects. However Participants acknowledge that such facilities are unmanned not secure. Accordingly the Club can bear no liability for the loss of or damage to such effects, which are left entirely at the risk of individual Participants.

12. COLLECTION AND USE OF DATA
a. Each Participant agrees and consents to the Club collecting and using his/her personal details provided in his/her entry form (whether online or in paper format).

b. The Club shall process the personal data of Participants in accordance with its Privacy Notice.

c. The Club may be provided with medical information in relation to Participants, either by Participants or by personnel providing medical and first aid services to the Club during the Walsall Run. The Club shall keep any such medical information confidential and will share such information only with those persons who require the information such as the event organisers or medical personnel.

d. Each Participant acknowledges and agrees that the Club may send an e-mail or SMS notification following the Walsall Run inviting the Participant to submit an entry form for any future events organised by the Club.

e. Each Participant agrees to inform the Club of any changes to the information supplied in their entry form for the Walsall Run. Any such changes should be notified to walsallrun@gmail.com.


13. PHOTOGRAPHS & OTHER IMAGES
a. Each Participant grants the Club permission to photograph and/or take video images of them (“the Images”) before, during or after the Walsall Run for the purposes of publicity and marketing whether in print, in audio-visual format or online (“Marketing Purposes”);

b. Each Participant agrees that the Club may:
i. store copies of the Images for as long as necessary to fulfil the Marketing Purposes; and
ii. share the Images for Marketing Purposes with the following third-parties:
1. the media, including newspapers, radio, TV, social media platforms, internet providers and media agencies;
2. sponsors of the Walsall Run; and
3. Rotary International in Great Britain & Ireland;

c. Each Participant has the right to withdraw their consent provided by clauses 13(a) and (b) at any time by sending an email to walsallrun@gmail.com. This will not affect the lawfulness of any processing carried out by the Club before consent is withdrawn.

d. Each Participant acknowledges that the Club may have legitimate interests in taking photograph and/or video images of Participants and processing such images for the following purposes
i. the security of Walsall Arboretum, the race routes (or any part of them) and the security of any person or persons in those areas;
ii. the prevention of crime;
iii. the health & safety of any person or persons;
iv. verifying Race Times (or the completion of the Walsall Run by any person) in the event of a dispute or query
(“the Legitimate Interests”)

e. Each Participant acknowledges that the Club may, in pursuance of the Legitimate Interests, share the images referred to in paragraph 13(d) with the following third-parties:
i. providers of health and first aid services to the Walsall Run;
ii. providers of any other services to the Club in connection with the Walsall Run;
iii. other Participants or their representatives in the event of a dispute;
iv. the relatives or next of kin of any Participant to whom the image may relate;
v. the Club’s insurance provider;
vi. the Club’s legal or other professional advisers;
vii. Rotary International in Great Britain & Ireland;
viii. the proper authorities including the Police and other emergency services;
ix. Walsall Metropolitan Borough Council;
x. the owner(s) or controller(s) of that part of the race route to which the image relates; or
xi. as may be required by law

f. The Club will comply with the provisions of the Privacy Notice when processing the personal data of any Participant.

14. MISCELLANEOUS
a. Each Participant acknowledges and agrees that in completing an entry form for the Walsall Run (whether online or in print) he/she 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) other than as expressly set out herein.

b. If any provision of these terms and conditions is declared by any judicial or other competent authority to be void voidable illegal or otherwise unenforceable the provision shall be amended in such a reasonable manner or it may be severed from the terms and in either event the remaining provisions shall remain in full force and effect.

c. These terms and conditions are governed by Laws of England & Wales and the Courts of England & Wales shall have exclusive jurisdiction in relation hereto.