Terms and Conditions
Updated 7th November 2018
Please read the following important terms and conditions before you make a booking and/or purchase on our website and check that they contain everything which you want and nothing that you are not willing to agree to.
If after reading these terms and conditions you don’t understand any part of them and want to talk to us about it, please contact us by:
- Email: (emails are usually responded to within 2 working days); or
- Telephone: +44 1539 760173 (the office is usually open Monday to Friday: 9am to 5pm). We may record calls for quality and training purposes.
1. Definitions and Interpretation
1.1 The “Organiser” means Ourea Limited (trading as Ourea Events) whose registered office is Bleaze Farm Units, Old Hutton, Kendal, LA8 0LU. The Organiser may also be referred to in this document as “we” or “us”.
1.2 The “Participant” means an individual entered into the Event. The Participant may also be referred to in this document as “you”, “your” or “competitor”.
1.3 “Event” means the event organised by the Organiser referred to at the start of this document.
1.4 “Fee” means the entry fee payable by the Participant to the Organiser in consideration of their participation in the event.
1.5 The words 'liability' and ‘liable’ include all claims, demands, proceedings, damages, costs and expenses and loss incurred or suffered by the relevant party;
1.6 Words importing one gender shall be construed as importing any other gender;
1.7 Words importing the singular shall be construed as importing the plural and vice versa
2. Entry Policy
2.1 When the Participant applies to enter the Event they agree to be bound by these Terms and Conditions.
3.1 The Fee to enter the 2019 edition of the Marmot Dark Mountains™ is between £59 and £79 per person depending on the date the Participant enters. The Fee can only be paid in full and the option to obtain a refund or transfer an entry is limited by the terms and conditions below.
3.2 A summary of the key elements of the Event are contained on the entry page of the Event website, whilst full and comprehensive details of the Event are contained on the information pages of the Event website.
3.3 It is the Participant’s responsibility to read and understand what elements of the Event are included in the Fee, and what elements of the Event are not.
4. Cancellation by the Organiser
4.1 The Organiser may cancel the Event due to events beyond its reasonable control including, but without limitation, natural disasters, war, civil or political unrest, terrorism and extreme weather (often referred to as force majeure). Under these circumstances, the Participant’s payments towards the Fee will be refunded, less a contribution to costs already incurred by the Organiser, such as:
- Cancellation more than 10 months prior to the Event = 100% refund to the Participant
- Cancellation more than 9 months prior to the Event = 90% refund to the Participant
- Cancellation more than 8 months prior to the Event = 80% refund to the Participant
- Cancellation more than 7 months prior to the Event = 70% refund to the Participant
- Cancellation more than 6 months prior to the Event = 60% refund to the Participant
- Cancellation more than 5 months prior to the Event = 50% refund to the Participant
- Cancellation more than 4 months prior to the Event = 40% refund to the Participant
- Cancellation more than 3 months prior to the Event = 30% refund to the Participant
- Cancellation more than 2 months prior to the Event = 20% refund to the Participant
- Cancellation more than 1 months prior to the Event = 10% refund to the Participant
- Cancellation less than 1 month prior to the Event = 0% refund to the Participant
4.2 If the Organiser needs to change the date of the Event, no refunds shall be given if the Organiser provides the Participant at least 90 days’ notice and the Participant consents to receiving any such notice by e-mail or other form of electronic communication to be decided at the Organiser’s absolute discretion.
4.3 If the Organiser changes the location of the Event no refund shall be given if the new location is within 50 miles of the original location of the Event.
4.4 It is the Participant’s responsibility to ensure you have the necessary experience and capability to undertake the Event without endangering yourself of others. By entering the Event you confirm to the Organiser that you have the necessary experience and capability. The Organiser may cancel the Participant’s entry at any time should the Organiser deem that the Participant’s experience is not adequate and/or suitable for the Event and/or the Participant has overstated and/or misrepresented their experience. At the Organiser’s discretion a refund may be made to the Participant where entry to the Event remains open and the Organiser is satisfied there is no evidence of intentional misrepresentation by the Participant.
4.5 The Organiser may cancel the Participant’s entry should, upon presentation of any medical information by the Participant, it be deemed by the Organiser that the Participant is not fit and healthy enough to participate in the Event. The Participant acknowledges and accepts that the medical representative of the Organiser may recommend to the Organiser that the Participant is unable to enter or continue with the Event at any time, before and/or during the Event. The Organiser’s decision in these matters is final.
4.6 If the Event is cancelled by the Organiser, the Organiser will not be liable for any incidental costs incurred by the Participant, including (but not limited to) travel, accommodation and/or other costs.
5. Cancellation by the Participant
5.1 Participants' entries are subject to the following refund and transfer deadlines where applicable:
5.2 After payment of the entire Fee, the Fee is refundable, or transferable subject to the following clauses 6 & 7:
6.1 If the Event is full, and there is an official waiting list the Organiser will, upon request, offer the Participant a refund of the Fee (less any transaction fees at cost), only once the next person on the waiting list has paid the Fee.
6.2 The deadline to apply for a refund is Friday 25th January 2019.
6.3 If the Event is not full, and there is no official waiting list and the Participant wishes to withdraw from the event the Participant can seek their own substitute participant and arrange a transfer of their entry subject to the provisions below.
7. Transfer of Entry by the Participant
7.1 In this clause 7 the following definitions apply:-
7.2 “Transferor” means the Participant(s)
7.3 “Transferee” means a person(s) taking over the Transferor’s entry in the Event
7.4 “Transfer Deadline” means 21:00 on Saturday 26th January 2019.
7.5 “Entry Owner” means the participant who enters the team into the Event
7.6 A transfer is only possible with the consent of the Organiser, which will not be unreasonably withheld so long as the Transferee meets the requirements and vetting (if any) of the Event, and has agreed with and accepted the terms and conditions of the Event, AND the Transfer Deadline date has not passed.
7.7 If the Transferor is also the Entry Owner then the Transferee must create a new entry in the Event, pay the Organiser the Fee, and within 30 days thereafter the Organiser will refund the Balance (less any transaction fees at cost, and an administration fee of £10), to the Transferor.
7.8 If the Transferor is not the Entry Owner then the Transferee will be substituted by the Organiser and there are no additional fees or transaction costs to pay by the Transferor or Transferee.
7.9 When both team members wish to transfer their entry, the Transferee must create a new entry in the Event, pay the Organiser the Fee, and within a reasonable time thereafter the Organiser will refund the Balance (less any transaction fees at cost, and an administration fee of £10), to the Transferor.
7.10 The Participant understands and accepts that it is not the Organiser’s role to find a replacement participant.
8. Deferment of Entry by the Participant
8.1 It is NOT possible to defer your entry for this Event.
9. Nature of the Event
9.1 The nature of the Event is described on the Event website. However, the Participant acknowledges and accepts that the description of the Event may not include accurate final details such as duration, distance, height gain, support points, checkpoint locations, cut-off times and course closure times. The Organiser retains the right to change and amend any details of the event so long as the nature of the Event remains the same.
10. Organiser’s Obligation
10.1 The Organiser has an obligation to ensure that the event is as safe as possible without diminishing the nature of the challenge. However, Participant safety is ultimately each Participant’s personal responsibility.
11. Participant Acknowledgement of Risk
11.1 The Participant understands, acknowledges and accepts that the Event is a potentially hazardous activity and that participation in the Event may result in serious injury, disablement and/or death to the Participant or others. The Participant accepts that there are a multitude of different risks associated with their participation in the Event.
11.2 The Participant is responsible for their own actions, safety and any injury sustained during the Event. By entering the Event you confirm to the Organiser you are experienced enough to make a reasoned decision about whether to participate in the Event or to retire from the Event rather than jeopardise your own or other people’s safety.
11.3 The provision of mains drinking water is not always possible because of the remote nature of the Event. The Organiser shall clearly describe the source of drinking water on the Event website and at the Event, but it remains the Participants’ choice to understand and accept the risks of all the water they consume whilst at the Event.
11.4 The Participant enters the Event voluntarily and with full knowledge of the nature of the challenge presented by the Event.
12. Participant Waiver
12.1 The Participant hereby waives any and all rights and/or claims they may have against the Organiser, its officers, employees, directors, consultants, agents, Event sponsors and landowners for any damages and/or claims that may arise directly or indirectly from participation in the Event.
12.2 The Participant covenants to take no action against the Organiser, its officers, employees, directors, consultants, agents, Event sponsors and landowners for any damages and/or claims sustained by the Participant arising directly or indirectly from participation in the Event.
12.3 The Participant indemnifies the Organiser, its officers, employees, directors, consultants, agents, Event sponsors and landowners against any claims brought against them by any third party that result directly or indirectly from participation in the Event.
13.1 The Participant acknowledges that it is their responsibility to obtain appropriate insurance cover for their participation in the Event and they also acknowledge and accept that the Organiser does not provide insurance cover for Participants in the Event. Participants are strongly recommended to take out appropriate insurance that covers their participation in the Event and repayment of their entry Fee should they be unable to participate.
14. Participant Health & Medical Care
14.1 By entering the Event the Participant declares that they are physically fit and healthy enough to participate in the Event. It is the Participant’s responsibility to declare any medical conditions or injuries that the Organiser should know about in line with the advice of the Participant’s medical advisers.
14.2 By entering the Event the Participant agrees to complete a medical survey pre-event accurately and honestly and understands that failure to complete this survey will result in the cancellation of their entry.
14.3 For Non-UK Residents and/or Nationals ONLY. We utilise both professional and volunteer doctors at our events. Each doctor is qualified and practices under English Law and English Jurisdiction with their own medical defence insurance. Each participant must understand that the Doctors' insurance provides that any claims brought in respect of negligent treatment must be brought under English Law and Jurisdiction, and each participant hereby acknowledge and understands that any negligent treatment claims must be brought under English law and English jurisdiction and each participant, therefore, guarantees not to bring a negligent treatment claim, and indemnifies the Organiser, its officers, employees, directors, consultants, agents and event medical staff against any negligent treatment claim, other than in accordance with this clause.
15. Image Rights
15.1 Photography, film, video and sound recordings of the Participant may be taken during the Event and the Participant consents to be filmed and/or photographed and/or included in sound recordings of the Event.
15.2 The Participant agrees to waive any and all rights to any photography, film, video and sound recordings that features the Participant and hereby grants the Organiser sole and complete permission and authority to utilise in full any photography, film, video and sound recordings that features the Participant in all manners and media worldwide in perpetuity. No further permission from the Participant is required.
15.3 The Participant agrees that when an Unmanned Aerial Vehicle (UAV) is being used that they will follow the instructions of the pilot in all safety matters.
16.1 Participants’ vehicles including their contents are parked at the Participant’s own risk and no liability whatsoever is accepted by the Organiser for any damage however caused to Participants’ vehicles whilst accessing and/or egressing the car park, or whilst parked in the car park. Participants remain wholly responsible for assessing the suitability of the car park and the suitability of their vehicles for accessing and egressing the car park.
17. Participant’s Clothing & Equipment
17.1 Participants must at all times during the Event wear or carry the mandatory clothing and equipment listed on the website (include link). It is the Participant’s sole responsibility to acquire the correct specialised clothing and equipment and, at the sole discretion of the Organiser, Participants without the correct clothing and equipment will be prevented from participating in the Event and may be subject to disqualification from the Event.
17.2 The Organiser accepts no responsibility for any loss, theft and/or damage to the Participant’s clothing and equipment whilst they participate in the Event and/or are present at the Event. This includes the transport and storage of equipment even when that is an element of the Event.
17.3 The Organiser may keep Participants' lost property for up to seven days after the event, but only if it is clean. Wet, soiled and/or dirty lost property is not kept. The cost of postage to return an item of lost property is payable by the Participant prior to dispatching that item. Seven days after the Event, the Organiser will dispose of any unclaimed lost property at their discretion.
18. Organiser’s Equipment
18.1 The Participant must take all reasonable care of the Organiser’s equipment and any wilful and/or malicious damage and/or damage caused through the Participant’s negligence or neglect will result in charge to the Participant by the Organiser. The Participant acknowledges and confirms that the Organiser has the right to charge the Participant for the full replacement cost of the equipment.
18.2 Participants are responsible for their SPORTident ‘Dibber’ and/or other electronic timing devices when issued to the Participant by the Organiser. Any loss or damage will result in a £30.00 charge to the Participant.
18.3 Participants are responsible for their GPS Tracker when issued to the Participant by the Organiser. Any loss or damage will result in a £150 charge to the Participant.
19. Communications & Privacy
19.1 By entering the Event the Participant consents to receiving essential Event specific communications from the Organiser by email, phone and text message. The Participant is unable to unsubscribe from these communications until after the Event has taken place.
19.2 The Participant also consents for their personal data to be shared with essential third parties which may include, without limitation, result timing services, medical services and sports governing bodies.
19.3 The Participant consent in perpetuity for the publication of the Event results which shall include their name and result.
19.5 The Participant agrees to complete any surveys relating to event logistics requested by the Organiser within the time frame given by the Organiser. Failure to complete these surveys will mean that Participant will not benefit from the service and/or may result in the cancellation of the Particpants entry.
20. Event Rules
20.1 The Participant agrees to abide by the Event rules published in the details section of this website at all times during the Event.
21. Anti-Doping Controls
21.1 The Organiser may impose any anti-doping controls that would be considered fair and reasonable by international standards on any Participant at the Event.
21.2 A positive anti-doping test result, or a refusal to fully cooperative with the anti-doping controls, shall mean a Participant is ineligible for any prize money and their name shall be deleted from the results, and the participant may be subject to legal proceedings by the relevant anti-doping authority, sport governing body and other parties.
22. Changes to Terms and Conditions
22.1 These Terms and Conditions are subject to change at the sole discretion of the Organiser and such changes shall be published on this website. The Participant is advised to check the Terms and Conditions regularly.
23. Statutory Rights
23.1 These Terms and Conditions do not affect the Participants statutory rights as a consumer.
24. Governing Law and Jurisdiction
24.1 These Terms and Conditions shall be governed by and construed in all respects in accordance with the law of England and any disputes relating to these Terms and Conditions shall be subject to the exclusive jurisdiction of the English courts.