Break-Point Events Ltd (BPE) – Terms and Conditions Merchandise and Events – 2018
Events – Conditions of Entry
The Participant agrees that his or her entry into an Event shall be subject to these Conditions of Entry.
“Conditions of Entry” means these terms and conditions of entry for the Event.
“Entry Form” means the purchase made by the participant for the event via the Break-Point website or any other means.
“Event” means an official event staged by BPE and/or its authorised agents.
“Fees” means the total entry price for each Participant as set out in the Entry Form.
“Deposit” means any deposit paid by a Participant to secure entry to an event
“Participant” means an individual who is a Participant in the Event.
“Participant’s Medical Declaration and Consent Form” means the same named form that BPE will supply to each Participant and which is published on www.break-point.co.uk
“Payment Plan” means any subsequent payments made by a Participant in respect of attending an event
- PARTICIPATION AND PARTICIPANTS OBLIGATIONS
1.1 The Participant agrees to abide by the BPE Rules as set out in the Break-Point website www.break-point.co.uk and hereby confirms that he or she has read and fully understood the same.
1.2 A Participant shall not be entitled to a refund of the Fees or any part thereof or any other form of compensation of any kind if he or she is disqualified from an Event by BPE as a result of any infringement of the BPE Rules.
1.3 The Participant acknowledges that participation in an Event will be physically strenuous and mentally demanding for all Participants and shall ensure that he or she is both physically and mentally capable of competing in such an Event and will sign the Participant’s Medical Declaration and Consent Form at the Event.
1.4 Only those Participants who have signed and delivered to BPE the Participant’s Medical Declaration and Consent Form will be allowed to take part in the Event.
1.5 The Participant acknowledges that personal accident insurance in relation to the Participant’s person or property is the responsibility of the individual Participant.
- BOOKINGS AND PAYMENTS
2.1 Participants shall not be eligible to compete in an Event until full payment of the Fees (including relevant transaction Fees, deposit and subsequent payment plan) has been received. Payment must be made online by all Participants. No payment shall be deemed to have been received until BPE has received it in full in cleared funds.
2.2 A photographic form of identification must be shown by the participant to BPE and /or its employees and/or agents at the Event in order to prove that a Participant is eligible for any discount codes that may have been applied to the Participant’s Fees during the event payment process. If an acceptable form of identification is not produced on demand the Participant will be liable to pay the difference between the discounted Fees paid and the full level of the Fees payable for entry into the Event plus an administration charge of £5.00. The Participant shall not be eligible to participate in the Event until all such sums have been paid in full to BPE.
- REFUNDS AND CANCELLATIONS
3.1 I hereby understand and acknowledge that all fees and associated costs (including deposits, payments plans, optional product purchases, spectator tickets, and donations), paid in registration for the event are non-refundable for any reason, under any circumstances, including but not limited to injury, a scheduling conflict, and/or event cancellation (subject to clause 3.4 below)
3.2 I hereby understand that I may transfer my booking to another identical event at a cost of £50 per person no later than 21 days prior to the event. Outside of this time all transfers are unable to be made.
3.3 I hereby understand that I may transfer my booking to another person at a cost of £50 per person up until 21 days before the event. Outside of this time all transfers are at the discretion of BPE.
3.4 BPE reserves the right to change the event location and date. No refunds, credits or transfers shall be made if any new event location is within a radius of 100 miles of the original AND if the new event date is within one calendar month of the original. If either of the above conditions are not met then the Participant shall be entitled to a full refund of their entry fee upon written request to BPE.
- ORGANISERS’ LIABILITY
4.1 Other than as set out in clause 4.3 and subject to clause 4.2, the aggregate liability of BPE in respect of any loss, expense, liability cost or damage of any kind whatsoever suffered by any Participant which arises out of or in connection with these Conditions of Entry and/or the Event, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way, shall not exceed the amount of the Fees actually paid by the Participant to BPE pursuant to these Conditions of Entry.
4.2 BPE, its officers, employees, agents, affiliates, sponsors, charities or medical advisers shall not be liable, in contract, tort (including negligence) or for breach of statutory duty or in any other way for:
4.2.1 Any loss or damage of personal equipment belonging to the Participant;
4.2.2 Any economic losses (including, without limitation, loss of revenues, profits contracts, business or anticipated savings);
4.2.3 Any loss of goodwill or reputation; or
4.2.4 Any indirect or consequential losses. In any case whether or not any of the foregoing was within the contemplation of the parties at the date the Participant submitted the Entry Form and/or were suffered or incurred by a Participant arising out of a Participant taking part in the Event or any other matter arising under these Conditions of Entry.
4.3 Nothing in these Conditions of Entry shall exclude or limit the liability of BPE:
4.3.1 For death or personal injury caused by BPE’s negligence;
4.3.2 For fraud or fraudulent misrepresentation; or
4.3.3 For any matter which it would be illegal for BPE to exclude or attempt to exclude its liability.
- PUBLICITY AND RESULTS
5.1 All Participants must sign and return the Participant’s Medical Declaration and Consent Form consenting to being photographed, filmed, or recorded by BPE (or anyone authorised by them) and the use and reproduction of their likeness in film, brochures or recordings otherwise they will not be permitted to take part in the Event.
- DATA USE
6.1 BPE will treat all personal information supplied by a Participant as confidential and it will be stored securely in accordance with Data Protection legislation. BPE will only use a Participant’s personal information for the purposes agreed by the Participant as a necessary part of the Participant’s booking in the Entry Form or the Medical Declaration and Consent Form. BPE will not sell, supply or otherwise distribute a Participants personal information to any third party unless BPE is required to do so by law or for the purposes of a police investigation or in the interests of your safety e.g. informing emergency personnel of medical conditions in order to render Emergency assistance. BPE may use your contact details to inform you of events in the future or for newsletters.
- CLAIMS AND COMPLAINTS
7.1 Save as set out at 4.3 above: No Participant shall bring a claim against BPE arising out of or in connection with an Event and shall indemnify BPE for any losses, costs, damages or expenses of any kind (including reasonable professional fees) which BPE may suffer or incur as a result of any such claim and/or the threat thereof.
7.2 Should any Participant have a complaint regarding BPE and/or the Event and/or the conduct of any of BPE’s employees then BPE will endeavour to investigate that complaint. All complaints should be brought to BPE’s attention immediately so that BPE has an opportunity where possible to rectify the situation and should then be followed up in writing within 7 days of the complaint arising.
8.1 These Conditions of Entry and the documents referred to in them, 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 in it) he or 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 (whether party to this Agreement or not) other than as expressly set out in these Conditions of Entry.
8.2 BPE shall not be liable to any Participant for any loss, damage, cost, expense or liability of any kind whatsoever in relation to the Event which results from any cause, event or circumstances beyond its reasonable control including without limitation war, terrorist action (or the threat thereof) strikes, flood, earthquake or any other natural disaster, subsidence and adverse weather conditions.
8.3 Nothing in these Conditions of Entry 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.
8.4 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.
8.5 No amendment of these Conditions of Entry shall be valid or binding unless made by prior written agreement between the parties hereto and signed by their duly authorised representatives.
8.6 To the extent permitted by law all provisions of these Conditions of Entry shall be severable and no provision shall be affected by the invalidity or unenforceability of any other provision.
8.7 These Conditions of Entry shall be interpreted in accordance with the laws of England and Wales and any dispute arising hereunder shall be subject to the exclusive jurisdiction of the English Courts.
- OUR RETURNS POLICY
1.1 You get 14 calendar days to return any items you’re not quite sure about. This two week returns period starts from the day you receive your order. To return your item by following the instructions below.
- FAULTY GOODS
2.1 Please return your item(s) to us within 30 days after finding the fault, and remember to get in touch before returning. You can do this by following the instructions below.
2.2 Please don’t use any faulty items after finding the fault, or we may not be able to provide a refund.
- HOW TO RETURN AN ITEM?
- Send an email to firstname.lastname@example.org quoting your order number and item, stating the issue and action you would like to take. You will then be provided with a return address.
- Upon agreement re-pack your item(s) in the original packaging, or in a secure, waterproof package with any labels and tags still attached.
- Return your package via the Post Office to the address supplied from step 1. Please don’t post your package through the post box without getting proof of postage. Keep it safe in case you need to use this as evidence of your return.
- HOW MUCH DOES IT COST TO RETURN AN ITEM?
4.1 We don’t offer free returns, unless the item is faulty, so it’s up to you to cover the return costs.
- HOW LONG WILL MY REFUND TAKE TO BE PROCESSED?
5.1 If you would like to return an item, we will refund you within 21 days of the day that we email you to confirm that you are entitled for a refund. Please note, this is provided that the product returned is received back to us (in the same condition that you received it) within the 14 day returns period or is faulty.
5.2 Faulty products returned by you will be refunded in full, including a refund for the delivery charges for sending the item. However, if there is more than the returned faulty item in the same order, the delivery charge will not be refunded.
5.3 In the event that we do not receive your returned goods, we will ask you to provide the certificate of posting from your Post office or applicable returns service location as proof of postage. We reserve the right to refuse a refund if you are unable to provide the certificate of posting.
5.4 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
- CAN I HAVE AN EXCHANGE INSTEAD OF A REFUND?
6.1 We may be able to offer you an exchange upon agreement, depending on our stock levels. Please email email@example.com in the first instance.