Updated August 2019
The Entrant or You: The person whose name and address is applying to partake in an Event.
Event Organiser or We/Us: XO Explore Ltd, a company registered in England and Wales (company number 11456279) and with registered office at 21 Alberta Avenue, Chapel Allerton, Leeds, LS7 4LX.
The Event: Any product or service offered by XO Explore Ltd. Media Material: Any presentation in any television, video, Internet or similar digital format including all film, photographs, video footage and other audio visual material
The Contract: These Terms and Conditions and thus the Entrant’s participation in an Event.
Data Protection Legislation: The General Data Protection Regulation and the UK Data Protection Act 2018
1.1 You hereby acknowledge that you are taking part in an Event by your own free will and that you have not been obliged to do so by us or any other party. By proceeding with the Event, you hereby agree that this Contract shall apply to you and the Event.
You fully understand and agree that the Event involves some hazardous and dangerous activities in both urban and remote areas and that you will participate in it entirely at your own risk.
2. FEES PAYABLE
2.1 The Entrant shall pay the entirety of the Event entry fee during the registration for the Event. There are no staged payments, finance or post Event payments applicable.
2.2 We retain the right to refuse your registration for an Event for any reason whatsoever or to refuse participation in an Event at any time at XO EXPLORE’s discretion. In this case, your payment will be returned.
2.3 XO Explore is not obliged to provide the Entrant with any reason for refusal of entry to an Event.
3. CORRECT INFORMATION
3.1 You confirm that any information given to the Event Organiser is correct at the time of registration.
4. DISCRETION OF THE EVENT
4.1 You understand that we reserve the right to make such changes as we reasonably consider necessary at any time to any or all of the arrangements, services and proposals which may have appeared in brochures or publicity about the Event.
5. ENTRY RESTRICTIONS
5.1 Individual Applicants must be 18 years old by Event day. 6. ENTRANT AGREEMENT
6.1 You hereby consent to the use of your name, team name, and any reference to it in the media whether by us or by any official partner of the Event. You hereby understand and agree that the Event and all aspects of it (including Media Material) may be broadcast and/or otherwise disseminated live or recorded and that as a member of the Event you will or may be included in any such recording, broadcast and/or dissemination.
6.2 As a condition of and in consideration for us permitting you to participate in the Event, you hereby agree to waive voluntarily and to the fullest extent possible by law any and all claims you may now and in the future have against us, and to release us from all liability and not to bring suit against us or any of our officers, directors, subsidiaries, affiliates, parent companies, employees, agents, representatives, official partners, contractors, sub- contractors or suppliers (collectively “Interested Parties”) for any personal injury, death, property damage or any other loss, damage, costs or expenses (including legal fees) sustained by you arising from any cause whatsoever.
Save that none of the above shall limit the liability of XO EXPLORE for personal injury or death caused by its negligence or wilful acts.
6.3 You agree to provide any information requested by the Event Organiser to satisfy your registration in the Event.
6.4 You agree to provide medical information as requested by the Event Organiser who is authorised to disclose such information to any other person as circumstances may require.
6.5 You agree to promptly notify the Event Organiser of any reason, medical or otherwise, which would prevent him/her from participating in the Event or which would make it undesirable for him/her to do so
6.6 The Entrant shall be entirely responsible for ensuring that they have a fully charged, working phone with the XO App downloaded and operational on such device. The Event Organiser is not responsible for supplying, charging or in any other way providing a working phone in order for the Entrant to participate in the Event. If you arrive at the Event without this, you will not be entitled to a refund of fees paid, but you may not be permitted to participate in the Event (in our sole discretion).
6.7 You shall behave in all respects in accordance with the best traditions of sportsmanship and courteous behaviour, and comply with the laws of host country of the Event. This includes an awareness at all times that the Event is operating in a public space, not solely reserved for participants in the Event.
6.8 You shall not act in any way that is likely to bring the name of the Event Organiser, the Sponsors involved with the Event or the Event itself into disrepute.
7. WITHDRAWALS, REFUNDS & TRANSFERS
The Entrant shall be entitled to withdraw from the Event at any time, with the following conditions:
7.1 If you withdraw your participation at any time prior to 8 weeks before Event Start, the Event Organiser will refund 100% of the entry fee.
7.2 If the Team/Individual withdraws after the 8-week (prior to Event date) deadline, then a refund is not provided.
Transfers to an alternative participant are valid up to the start of the Event, up to the value of the Event fee already paid.
7.3 As the Event is a team event, deferrals are not permitted; Entrants are encouraged to find a transfer to enable the team to still partake.
8.1 The Entrant agrees that all aspects of the business of the Event Organiser and of the Event are the sole and exclusive proprietary information and property of the Event Organiser and shall not, other than with prior written permission of the Event Organiser or the terms of the Contract, be communicated or divulged to third parties. This includes without limitation, information relating to the Event, the performance of teams and factual or personal accounts of the Event itself.
8.2 The Entrant must always refer to the Event as by the correct name in all interviews whether vocal or written.
8.3 Any Event Film made by using personal or equipment supplied by the Event Organiser or Sponsors is the property of the Event Organiser and must be returned to the Event Organiser on request.
8.4 By this Contract the Entrant hereby assigns to the Event Organiser, absolutely and with full title guarantee, all intellectual and industrial property rights and other rights of a similar nature, which the Entrant may have or may in the future acquire in relation to, or connection with any Media Materials
8.5 The Entrant irrevocably and unconditionally waives all rights including moral rights you may have or may acquire in relation to any Media Materials, including the right to be identified as the author or director and to object at any derogatory treatment of any Media Materials.
8.6 The Entrant shall ensure that all materials released or prepared by or on his behalf or with your approval in connection with the Event (or which refer to the Event) refers to the Event by its official name.
8.7 During the Event, the Event Organiser will take photographs and video footage, which may include images and footage of you. You hereby agree that the Event Organiser shall retain full proprietary rights in such images and footage, and is entitled to use such for promotional purposes. If you do not agree with this clause 8.7, please do not proceed with participating in the Event.
9. INHERENT RISKS ASSUMED BY THE ENTRANT
9.1 The Entrant acknowledges and agrees that Events can be dangerous and that you undertake the Event at your own risk. Notwithstanding the foregoing there shall be no liability whatsoever upon the Event Organiser or any person in its employment for death or any personal injury or financial loss directly or indirectly incurred by the Entrant by any other reason (save that nothing contained herein shall limit the liability of XO EXPLORE for personal injury or death caused by its negligence or wilful acts).
10. CANCELLATION OF EVENT
10.1 The Event Organiser reserves the right, in any event that it considers necessary to do so, acting reasonably, to cancel the Event or to alter or reduce the course including the starting and finishing point at any time including the time during which the Event may be underway. The sole decision as to the cancellation, alteration or curtailment shall reside with the Event Organiser and in no circumstances shall you have any claim arising from such cancellation, alteration or curtailment under this clause other than a claim that arises out of any matter which is a reasonably foreseeable consequence of a breach by the Event Organiser or as a result of the Event Organiser’s negligence.
11. DATA PROTECTION
The Event Organiser complies with the Data Protection Legislation when processing your personal data. Under the Data Protection Legislation, the Event Organiser is the data controller.
Please refer to our Privacy Statement for more information on how we handle your personal data.
12. FORCE MAJEURE
12.1 In the event of the Event failing to start or having started being abandoned before its conclusion or in the event of a Team/ individual withdrawing from the Event, in each case, by reason of force majeure which shall include (but not by way of limitation) outbreak of hostilities, civil commotion, riot, riotous assembly, storm, hurricane, tempest and other acts of God and other supervening impossibilities not capable of avoidance by the Event Organiser, then the Event Organiser shall not be required to refund any monies received under the Contract.
13. GOVERNING LAW
13.1 This Contract, and any non-contractual obligations arising hereunder, is governed by English law and the parties submit to the exclusive jurisdiction of the English courts to settle any dispute arising out of or in connection with this Contract.
14.1 We always use reasonable efforts to ensure each Event runs smoothly is trouble- free. If, however, there is a problem with the Event, we request that you inform us as soon as possible.
14.2 We will use reasonable efforts to remedy problems with the Event s as quickly as is reasonably possible and practical in the relevant circumstances.
14.3 As a consumer, you have certain legal rights with respect to the purchase of services. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office. If we do not provide the Event with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price. If the Event is not provided in line with information that we have provided, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price.
14.4 If for any reason we are required to repeat the Event in accordance with your legal rights, we will not charge you for this, and we will bear any and all costs of such repeat performance. In cases where a price reduction applies, this may be any sum up to the full fees and, where wou have already made payment(s) to us, may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which we agree that you are entitled to the refund) and made via the same payment method originally used by you unless you request an alternative method.
14.5 You can contact us any time at [email protected].