Definitions and Interpretation:
Assumption of Inherent Risks:
The Relish The Great Outdoors Ltd event (hereafter referred to as the “Relish The Great Outdoors Ltd event”) is meant to be an extreme test of toughness, strength, stamina, camaraderie, and mental grit.
All routes have been fully and carefully risk assessed and all steps have been taken to reduce the likelihood of an injuries, but they can not be completely eliminated. I understand the hazards, risks and the challenging nature of the event that I am entering. I am medically fit to take part, I do so of my own volition and at my own risk. I am willing to take full responsibility for any injury that may be sustained and in extreme circumstances death. If I am not willing to accept liability for this the I will not participate in the event. Relish The Great Outdoors Ltd has a duty of care to the participants and spectators and nothing in the disclaimer exempts us from negligence which may lead to injury or death.
As well as running, some of the events may also include scrambling, military or agility style obstacles (for example cargo nets, spring loaded agility poles, hopscotch hoops, agility steps), crossing or swimming of cold water rivers or lakes and traversing muddy, swampy and boggy areas. The colourburst runs include the throwing of powder paint which may go in participants eyes, nose and mouth and forms a fine powder once the paint is thrown in the air. Animals, livestock and wildlife may well be present on race routes. In summary, the Relish The Great Outdoors Ltd event is a hazardous activity that presents a tough physical and mental challenge to participants.
I and Parent/Guardian acknowledge that the Relish The Great Outdoors Ltd event is an extreme test of my physical and mental limits that carries with it inherent risks of physical injury. Inherent risks are risks that cannot be eliminated completely (without changing the challenging nature of the Relish The Great Outdoors Ltd event) regardless of the care, measures and precautions taken by Relish The Great Outdoors Ltd and are further described below (“Inherent Risks”).
I and Parent/Guardian also understand that the Relish The Great Outdoors Ltd event is an extremely strenuous event and that there are risks and dangers generally in taking part in such activities. I and Parent/Guardian understand that these hazards may be magnified due to the fact that the Relish The Great Outdoors Ltd event is often conducted under what may be extreme weather conditions and circumstances.
I and Parent/Guardian understand and acknowledge that the Inherent Risks include, but are not limited to: 1) my contact or collision with other persons or objects (e.g. with spectators or course personnel, other participants, motor vehicles, machinery, or natural or man-made fixed objects or obstacles); 2) my encounter with Relish The Great Outdoors Ltd event obstacles (e.g. natural and man-made water, road and surface obstacles, close proximity and/or contact with thick smoke and open flames, barbed wire, pipes, and electric shocks); 3) extremely challenging course conditions; 4) weather-related hazards (e.g. extreme heat, extreme cold, humidity, snow, ice, rain, fog); 5) judgment and/or behaviour related problems by me during the event; 6) erratic or inappropriate behaviour by other participants and/or spectators; and 7) natural hazards (e.g. sliding down hills, trips and slips, falling rocks, uneven terrain, lightning strikes, earthquakes, animal/livestock/wildlife attacks, contact with poisonous plants, marine life and/or ticks). Relish The Great Outdoors Ltd will use reasonable care and skill to run the Relish The Great Outdoors Ltd event and provide a Venue that is fit and suitable for the Relish The Great Outdoors Ltd event taking into account the nature of the Inherent Risks.
Baggage, belongings, vehicles and bikes are left at my own risk and I will not hold the Released Parties liable for any loss or damage. Relish The Great Outdoors Ltd will use reasonable care to ensure all possessions are secure during the duration of the event.
The undersigned acknowledges and understands that exposure to disease causing organisms, such as COVID-19 and other viral, bacterial, microorganisms and pathogens, and that personal contact with others, including but not limited to participants, non-participants, organisers, volunteers, onlookers and other individuals in the event involves a certain degree of risk that could result in illness, permanent disability or death
I and Parent/Guardian further understand and acknowledge that any of the Inherent Risks and other risks, not specifically named, may cause injury or injuries that may be categorised as minor, serious, or catastrophic.
Minor injuries are common and include, but are not limited to: scrapes, bruises, cuts, grazes, abrasions, sprains, strains, muscle tension and soreness, dizziness, fainting, nausea, sunburn and electrolyte imbalance.
Serious injuries are less common, but do sometimes occur. They include, but are not limited to, property loss or damage, broken bones, fractures, dislocations, torn ligaments and tendons, exposure, dehydration, heat exhaustion and other heat-related illnesses, hyperthermia, hypothermia, mental stress or exhaustion, infection, vomiting, concussion, loss of consciousness, seizures, electric shock and/or injury and neurological disorders/pain.
Catastrophic injuries are rare; however, we feel that our participants should be aware of the possibility. These injuries can include, but are not limited to, permanent disabilities, stroke, single or multiple organ failure or dysfunction, physical damage to organs, spinal injuries, paralysis, heart attack, heart failure, brain swelling, and even death.
I and Parent/Guardian understand that it is my and Parent/Guardian's responsibility to consult with my doctor (“GP”) prior to participating in the Relish The Great Outdoors Ltd event to ensure that I am fit and well enough to take part and that my participation will not pose any unusual or serious risks to my health and well-being.
If I or Parent/Guardian believe or become aware that any aspects of the Relish The Great Outdoors Ltd event course, facilities or equipment are unsafe or pose unreasonable risks, I and Parent/Guardian agree to immediately notify appropriate Relish The Great Outdoors Ltd and/or Venue personnel. I and Parent/Guardian accept that I am fully and solely responsible for the condition and adequacy of all of my own equipment that I bring to the Venue.
I and Parent/Guardian understand fully the Inherent Risks involved in the Relish The Great Outdoors Ltd event and I assert that I am willingly and voluntarily participating in the Relish The Great Outdoors Ltd event and Parent/Guardian asserts that he/she is willingly and voluntarily permitting his/her Minor's participation in the Relish The Great Outdoors Ltd event. I and Parent/Guardian have read the preceding paragraphs and acknowledge that:
Limitation of Liability:
I and Parent/Guardian hereby forever waive, release, covenant not to Claim, and discharge Relish The Great Outdoors Ltd and the other Released Parties from any and all Claims arising out of my participation in the Relish The Great Outdoors Ltd event:
EXCEPT THAT nothing in this Agreement shall limit or exclude either Relish The Great Outdoors Ltd or the Released Parties’ liability for: (i) death or personal injury resulting from its negligence; (ii) breach of statutory duty; (ii) criminal acts; (iii) fraud; (iv) or any liability that cannot be excluded under applicable law.
Indemnity:
I and Parent/Guardian hereby agree to reimburse Relish The Great Outdoors Ltd and the other Released Parties in respect of:
EXCEPT FOR Claims arising from either Relish The Great Outdoors Ltd or the Released Parties’ liability for: (i) death or personal injury resulting from its negligence; (ii) breach of statutory duty; (ii) criminal acts; (iii) fraud; (iv) or any liability that cannot be excluded under applicable law.
The Limitation of Liability and Indemnity provisions in this Agreement shall survive the end of the Relish The Great Outdoors Ltd event.
Venue and Jurisdiction:
I and Parent/Guardian understand that if legal action is brought in connection with this Agreement or its subject matter, the courts of England and Wales shall have the sole and exclusive jurisdiction over the action and that only the substantive laws of England and Wales shall apply.
Severability:
I and Parent/Guardian understand and agree that this Agreement is intended to be as broad and inclusive as is permitted by laws of England and Wales and that if any court or competent authority finds that any provision of this Agreement (or part of any provision) is invalid, unlawful, void, or for any reason unenforceable, then that provision or part-provision shall, to the extent required, be deemed to be deleted from this Agreement, and the validity and enforceability of any remaining provisions of this Agreement shall not be affected.
Entire Agreement:
This Agreement supersedes any and all previous oral or written promises or agreements.
I and Parent/Guardian each understand that this is the entire Agreement between me and Relish The Great Outdoors Ltd relating to its subject matter, and cannot be modified or changed in any way by representations or statements by any agent or employee of Relish The Great Outdoors Ltd. I and Parent/Guardian each agree that this Agreement may only be amended by a written document duly executed by Relish The Great Outdoors Ltd on giving me at least 30 days written notice prior to the date of the Relish The Great Outdoors Ltd event. If I and Parent/Guardian do not agree to the amended terms of this Agreement I and Parent/Guardian must let Relish The Great Outdoors Ltd know in writing at least 7 days before the date of the Relish The Great Outdoors Ltd event (“Refusal”) and I and Parent/Guardian acknowledge that I shall not be permitted to take part in the Relish The Great Outdoors Ltd event. In these circumstances the entry fee that I have paid shall be refunded to me within 30 days of the date of my Refusal. If I and Parent/Guardian do not send Relish The Great Outdoors Ltd a Refusal I and Parent/Guardian shall be deemed to have accepted the amended terms of this Agreement. For the purpose of this provision a reference to “writing” includes email.
Agreements for the Protection of Participants
I and Parent/Guardian confirm that I am in good health and in proper physical condition to safely participate in the Relish The Great Outdoors Ltd event. I and Parent/Guardian confirm that I have no known or knowable physical or mental conditions that would affect my ability to safely participate in the Relish The Great Outdoors Ltd event, or that would result in my participation creating a risk of danger to myself or to others.
I and Parent/Guardian acknowledge that Relish The Great Outdoors Ltd recommends and encourages that I obtain medical clearance from my GP prior to my participation in the Relish The Great Outdoors Ltd event. I and Parent/Guardian confirm that neither I nor Parent/Guardian have been cautioned against me participating in the Relish The Great Outdoors Ltd event by any medical practitioner.
I and Parent/Guardian understand it is my responsibility to continuously monitor my own physical and mental condition during the Relish The Great Outdoors Ltd event, and I and Parent/Guardian each agree to withdraw me immediately and to notify appropriate Relish The Great Outdoors Ltd personnel if my continued participation would create a risk of danger to myself or to others.
In the event of an injury to me that renders me unconscious or incapable of making a medical decision, I and Parent/Guardian authorise appropriate Relish The Great Outdoors Ltd personnel and emergency medical personnel at the Relish The Great Outdoors Ltd event to make emergency medical decisions on my behalf (including, but not limited to CPR and use of an Automated External Defibrillator). I and Parent/Guardian authorise Relish The Great Outdoors Ltd to secure emergency medical care or transportation for me when deemed necessary by Relish The Great Outdoors Ltd.
I and Parent/Guardian acknowledge that Relish The Great Outdoors Ltd has instituted its rules for the protection of everyone attending the Relish The Great Outdoors Ltd event including its participants. I agree to familiarise myself with all Rules and to follow them throughout the Relish The Great Outdoors Ltd event. Parent/Guardian agrees to also familiarise his / herself with the Rules and ensure that the Minor is familiar with such Rules and will follow them throughout the Relish The Great Outdoors Ltd event. I and Parent/Guardian agree that Relish The Great Outdoors Ltd may stop or prevent my participation in the Relish The Great Outdoors Ltd event (and, if necessary, have me removed from the Venue) if my participation, conduct, or presence endangers me or any other person present at the Relish The Great Outdoors Ltd event.
Removal from Relish The Great Outdoors Ltd Event or Venue:
I and Parent/Guardian acknowledge that Relish The Great Outdoors Ltd personnel and/or Venue personnel may prohibit or stop anyone from taking part in the Relish The Great Outdoors Ltd event and/or immediately remove anyone from the Venue if they believe such person has disobeyed any applicable Rules, directions, instructions, decisions, or laws; or whose behaviour endangers safety or negatively affects that person, any other person, facility, or property of any type or kind.
Alcohol & Drugs:
I agree and Parent/Guardian agrees to ensure that:
UK Athletics
The Two Tunnels Railway Races, Bath & Bristol Railway Races and the Tarka Trail Railway Races are held under UK Athletics rules.
Data Protection and Marketing:
I and Parent/Guardian agree that:
By giving Relish The Great Outdoors Ltd my personal information, I and Parent/Guardian expressly consent to Relish The Great Outdoors Ltd's collection, use and disclosure of my personal information as described in Relish The Great Outdoors Ltd's privacy policy which can be found on Relish The Great Outdoors Ltd’s website. When I submit personal information to Relish The Great Outdoors Ltd, Relish The Great Outdoors Ltd may use it to contact me, and Relish The Great Outdoors Ltd may provide it to certain third parties for marketing or promotional purposes. I that I have the right to ask Relish The Great Outdoors Ltd not to process my personal data for marketing purposes and that I may always opt-out of receiving future e-mail messages and newsletters from Relish The Great Outdoors Ltd or request that my information be removed from Relish The Great Outdoors Ltd's website or corrected by emailing in to Relish The Great Outdoors Ltd.
Specific Rules:
I acknowledge and agree that on the day of the Relish The Great Outdoors Ltd event:
Photography:
I and Parent/Guardian understand that any and all photographs, motion pictures, recordings, and/or likenesses of me captured during the Relish The Great Outdoors Ltd event by Relish The Great Outdoors Ltd, its affiliated entities or contractors, and/or the media (“Relevant Other Parties”) become the sole property of Relish The Great Outdoors Ltd and/or the Relevant Other Parties (as applicable).
I and Parent/Guardian acknowledge that such photographs, motion pictures, recordings, and/or likenesses of me may be edited, disseminated, adapted, modified, copied, used and/or exploited in whole or in part in all media and formats throughout the world in perpetuity for any legitimate commercial or non-commercial purpose, including but not limited to promoting, advertising and marketing Relish The Great Outdoors Ltd and events held by Relish The Great Outdoors Ltd, without prior notice or compensation.
I and Parent/Guardian further understand that Relish The Great Outdoors Ltd and the Relevant Other Parties have the full right to sell and/or profit from the commercial use of such photographs, motion pictures, recordings, and/or likenesses of me. I and Parent/Guardian also grant Relish The Great Outdoors Ltd the permission to use my name in connection with its legitimate commercial and non-commercial purposes including but not limited to promoting, advertising, and marketing Relish The Great Outdoors Ltd and events held by Relish The Great Outdoors Ltd without prior notice or compensation.
Rules:
I and Parent/Guardian agree that my participation in the Relish The Great Outdoors Ltd event is subject to my compliance with:
Age:
I agree to follow the minimum age requirements / adult accompanying requirements as published on the Relish The Great Outdoors website / 3rd party ticketing websites
Participant's Agreement (18 or over) Acknowledgment of Understanding:
I have read this Agreement and fully understand its terms. I understand that I am limiting my rights, including my right to sue. I further acknowledge that I am initialing this Agreement freely and voluntarily.
Parent/Guardian's Agreement (U18) and Acknowledgment of Understanding:
I confirm that I am the parent or legal guardian of the above named participating Minor and that I have read this Agreement and fully understand its terms. I understand that by initialing this Agreement I am limiting my rights, including my right to sue. I further acknowledge that I am initialing this Agreement freely and voluntarily.
Refunds:
I acknowledge that the Relish The Great Outdoors Ltd event fee and associated costs (including optional product purchases such as, spectator tickets, parking passes, bus tickets and donations) are non-refundable, including in circumstances where I am unable to attend due to illness or injury or a scheduling conflict. Where an event is cancelled or changed because of adverse weather or other factors outside of Relish The Great Outdoors Ltd’s reasonable control (force majeure), Relish The Great Outdoors Ltd shall not be liable to make any refund or pay any compensation - either for event entry fees or any other personal costs incurred by the participant or any other connected persons,
I understand that Relish The Great Outdoors Ltd reserves the right to change the format of the event, the route, date and location at any time.
I understand that if, in a non force majeure situation, Relish The Great Outdoors Ltd alter the start date by more than 27hrs, or move the Venue by more than 100 miles, then this constitutes a material alteration in the event such that;
I understand that, where an event is cancelled for any reason, Relish The Great Outdoors Ltd shall not be liable for any other costs incurred by the participant or any other connected persons.
If I am unable to attend a Relish The Great Outdoors Ltd event because I have been called to active military duty and I can provide official documentation regarding my deployment which conflicts with my participation in the Relish The Great Outdoors Ltd event, Relish The Great Outdoors Ltd Limited may (but is not obliged to) issue me with a refund of my event fee