TERMS AND CONDITIONS
THE FELIX PROJECT/ SANTA STAIR CLIMB - TERMS AND CONDITIONS
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE BOOKING TO PARTICIPATE IN THIS EVENT. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS.
In these Conditions, the following definitions shall apply:
Conditions shall have the meaning given in clause 1;
Entry Form means the registration platform which a participant must complete in order to participate in the Event;
Event Fee means the amount paid or payable to us in consideration for your participation in the Event;
Event means the Santa Stair Climb at the Venue organised by us that you register to participate in;
Event Date means 19th November, 2023 or such other date as we may notify to you;
Event Page means the specific web page for the Event accessed through our website thefelixproject.org;
Minimum Age means 18 on the Event Date;
Rules means all health and safety and stair climb and access rules and regulations provided to you or posted at the Venue or on our website thefelixproject.org;
Venue means One Canada Square, London E14 5AB;
we/us/our means The Felix Project, a charity registered with the Charity Commission for England and Wales with charity registration number 1168183 and a company registered in England and Wales with company registration number 10068253, and any of its successors, assigns or subsidiaries; and
you/your/yourself means the person named on the Entry Form who will be participating in the Event.
1. Registration for the Event
By registering for a place in the Event, you acknowledge your understanding and acceptance of these conditions, any further terms and conditions provided to you by us in respect of the Event from time to time, the Rules, and any instructions given to you by the organisers and officials at the Event (together, the “Conditions”).
2. Payment and Registration Details
You shall not be entitled to participate in the Event unless you are the Minimum Age on the Event Date.
In consideration for being granted the right to participate in the Event, you must pay the Event Fee on the date of completing the Entry Form. You will not be eligible or entitled to participate in the Event until the Entry Form has been completed in full and submitted and full payment of the Entry Fee has been received by us.
You confirm that the email address and personal details you provide to us are all accurate, correct and up to date.
If you form part of a corporate group permitted to invite guests to attend the Event as spectators, you must provide the names of any guests when requested. You will be responsible for ensuring that your guests adhere to the Conditions relevant to spectators.
Due to security restrictions at the Venue, you and any guests must bring valid photographic identification on the Event Date, for example a driver’s licence, passport or citizen card.
3. Refunds and Transfer
All Event Fees are non-refundable and entry is non-transferable. Participation in the Event is personal to you; you are strictly prohibited from swapping, selling or transferring or offering to sell, swap or transfer your place in the Event.
4. Cancellation of the Event by us
We reserve the right to cancel the Event if:
1. circumstances beyond our reasonable control arise which affect the safety and security of the participants and/or spectators or affect our ability to hold the Event, including, without limitation, war, civil or political unrest, terrorism or inclement weather conditions; or
2. before the Event Date we have not, in our sole discretion, received a sufficient number of applications to ensure that there are enough participants to make the Event economically viable.
Where practicable, we will provide written notice of cancellation to the email address we hold for you. In the event notice by email is not practicable due to timescales, we will use reasonable endeavours to provide other suitable methods of notice including text message, updates to our website, etc.
In the event of cancellation of the Event your entry will be automatically deferred to the next date for the Event free of additional charge. If you are not able to make the deferred date, or if the Event is cancelled and not rescheduled, you will be given the option of a refund of your Entry Fee. We will not, under any circumstances, be responsible for travelling or associated expenses.
5. Participation in/Attendance at the Event
We, our representatives at the Event and/or staff at the Venue may prohibit or ask you or any of your guests to cease participating in/attending the Event and/or immediately remove anyone from the Venue, if we or they believe:
1. such person has disobeyed and/or breached, as relevant, any applicable Conditions, directions, instructions, decisions, or laws; or
2. such person’s behaviour endangers safety or may damage or harm the environment, cause offence, otherwise cause a risk or potential risk to health and safety, or is otherwise inappropriate for the Event or Venue; or
3. such person failed to arrive at the Event at the specified time or location; or
4. such person is unfit to attend/participate in the Event due to the excessive consumption of alcohol or drugs. You agree to take full responsibility for any alcohol or drugs that you or your guests consume at the Event; or
5. such person enters the Venue with contraband goods and/or prohibited articles including but not limited to illegal drugs, knives, guns and other types of weapons;
6. such person is unfit to participate in or attend the Event due to an injury or illness; or
7. if a participant, such person is unable to make sufficient progress in the Event to allow them to complete the Event in line with timelines set by Event officials (whether advertised or not).
If you or your guests are refused entry to the Event or we ask you or they to cease participating in/attending the Event: (i) you or they must remove any of our merchandise from the Event and return it to an Event official; and (ii) you will not be entitled to a refund.
6. Cancellation by you
The Entry Fee is non-refundable and your entry into the Event cannot be deferred or transferred. If you are unable to participate in the Event for any reason you will not receive a refund of the Event Fee and/or any other costs you have incurred in connection with your entry into the Event.
We strongly recommend that participants protect themselves in the event that they have to withdraw from the Event due to injury, illness or other reasons.
7. Your Personal Information
You agree that we can use the personal information that you provide to us when registering for or in connection with the Event:
1. to communicate essential information about the event itself, including but not limited to, updates and key fundraising information about us and Canary Wharf Group; and
2. In the case of an emergency, the emergency contact details and medical information you provided may be used to allow medical assistance to be given to you.
Your data will only be used for other communications if you have explicitly opted in to hear more from us.
You have the right to ask us not to process your personal data for marketing purposes and you may always opt out of receiving future e-mail messages by clicking on the unsubscribe link in such correspondence.
8. Photographs and Imagery
The Event may be recorded and videos, photographs and other recordings may be taken, where you or your guests may be captured participating in/attending the Event. You agree to the publication of such photographs, videos, recordings, and/or likenesses of you or your guests (whether edited, adapted, modified or copied) and their use by us and those authorised by us, without prior notice or compensation, in any way which we may see fit now or in the future including but not limited to film, broadcast, radio, TV, publications, future events and publicity. You acknowledge that we have the full right to sell and/or profit from the commercial use of such photographs, motion pictures, recordings, and/or likenesses of you or your guests.
Any audio, visual, or audio-visual recordings that you or your guests make of the Event or any part of it are for personal use only and cannot be published or used for any commercial purpose without our prior written consent.
9. Your Safety at the Event
You acknowledge and understand that the Event may be potentially hazardous and that admission to the Venue and/or participation in the Event is at your own risk.
You acknowledge that the Event may involve strenuous physical exercise or other factors which could involve personal risk and you fully understand and accept that: (i) your participation in the Event may result in serious bodily injury and/or death to yourself or others; (ii) where the Event involves strenuous physical exertion you may be required to be active for very long periods of time.
You should not enter and participate in the Event unless you are medically able and properly trained and it is your responsibility to monitor your own physical condition throughout the Event.
You warrant to us that on the Event Date you will be in good health and in proper physical condition to safely participate in the Event and that you are aware of the risks of participating in the Event. If you are in any doubt, we recommend that you do not attend the Event and seek medical advice.
You acknowledge and agree that:
1. you and your guests will adhere to the Rules and all instructions given by Event officials at all times;
2. you and your guests will comply at all times during the Event with all applicable laws, byelaws and regulations;
3. you will stop and assist any other participants of the Event in need of medical attention and alert an Event steward as soon as possible;
4. you and your guests agree not to drop litter on any part of the Venue or surrounding areas;
5. you and your guests shall not bring any non-service animals to the Venue;
6. you shall not use any artificial aid during your participation in the Event;
7. you shall not use any non-medically necessary wheeled equipment, or any other item that could potentially inhibit the flow or safety of other participants during your participation in the Event; and
8. you shall not wear any clothing or use any equipment that may pose a risk to yourself, other participants, spectators or personnel.
You consent to medical care and transportation in order to obtain treatment in the event of injury to you and waive any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury. You understand that no medical care may be available, but if it is, you assume liability for any and all medical expenses incurred as a result of your participation in the Event and any treatment you may receive. You acknowledge and understand that it is your personal responsibility to arrange for insurance cover for the Event if you wish to be covered by insurance. We will not provide insurance cover for your participation in the Event.
You understand and agree that you must fill in the contact and medical information fields on the back of your participant’s bib. It is your responsibility to ensure that this information is correct. We will not be liable to you for any loss, damage or mistreatment/misdiagnosis that may result from any such information being inaccurate, misleading or incomplete. This medical information will only be used by us to assist in the giving of medical treatment, if required, during the Event.
10. Participants requiring assistance
Entries from disabled participants are welcome, although the nature of the Event means it may not be suitable for all those with disabilities. Please contact us to discuss what arrangements need to be put in place to facilitate your participation.
11. Your Personal Belongings
We accept no responsibility for the loss of, theft, or damage to any property owned by or under the control of you or your guests which you or they bring to the Venue. You and your guests are solely and personally responsible for the safety of your and their belongings.
12. Commercial Activities at the Event
You or your guests cannot carry out commercial, promotional and/or trading activities at, or in association with the Event without express prior written permission from us (or the Venue owner).
13. Our Responsibility for Loss or Damage Suffered by You
We will not be liable to you or your guests for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
1. loss or damage;
2. loss of profits, sales, business, or revenue;
3. business interruption;
4. loss of anticipated savings;
5. loss of business opportunity, goodwill or reputation; or
6. any indirect or consequential loss or damage.
We do not exclude or limit in any way our liability to you or your guests where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
To the fullest extent permitted by law, you on behalf of yourself and your guests hereby waive, release and forever discharge us, our officers, employees, agents and representatives and all other persons associated with the Event for all liabilities, claims, actions or damages that you or your guests may have against us arising out of or in any way in connection with your registration and/or participation in the Event or their attendance at the event including, without limitation, any liability or claims caused by the negligence, action or inaction of any of the above parties, or otherwise.
You on behalf of yourself and your guests agree to indemnify and hold harmless The Felix Project, its officers, employees, agents and representatives and all other persons associated with the Event from all liabilities, claims, actions and/or damages arising out of or in any way in connection with your participation in or your guests’ attendance at the Event or any breach by you or them of the Conditions.
14. Assignment
We shall be entitled to, without your consent, transfer, assign or novate our rights and/or obligations under these terms and conditions to any third party we may choose, and you undertake to perform any task necessary to give effect to such transfer, assignment or novation where requested by us.
15. Governing Law
These Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
16. Other Important Terms
If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.