Terms & Conditions - Snowstormer

Terms and Conditions

1.1 What these terms and conditions cover. These are the terms and conditions on which you (“Participant”, “you”, “your”) register and purchase a place to compete in a Snowstormer event (“Registration”).

1.2 Why you should read these terms. Please read these terms carefully before you submit your Registration. These terms tell you who we are, how we will deal with your Registration, how you and we may amend your registration or cancel your Registration, what to do if there is a problem and other important information.

2. Information about us and how to contact us

2.1 Who we are. We are Ministry of Adventure Limited (“we”, “us”, “our”) a company registered in England and Wales. Our company Registration number is 11617094 and our registered office is at 85 Great Portland Street, First Floor, London, United Kingdom, W1W 7LT.

2.2 What is the Snowstormer event. We operate an obstacle based running event in snow centres across the United Kingdom.

2.3 How to contact us. You can contact us via the contact us section of our website.

2.4 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us as part of your Registration, through your account or by signing up to receive marketing from us.

2.5 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3. Information about the Snowstormer event experience

3.1 What are the Participant Rules. When participating in a Snowstormer event, you must adhere to the participant rules, which are:

 a) no smoking within the venue or within the car park of the venue;

 b) no drinking or eating whilst on the slopes;

 c ) no Participant shall be under the influence of drugs or alcohol during your participation in the Snowstormer event;

 d) you must comply with all instructions provided by the Snowstormer event staff; and

 e) you must wear gloves and have your arms and legs covered whilst participating in a Snowstormer event.

4. Registering for a Snowstormer event

4.1 What is required to register for a Snowstormer event. In order to register for a Snowstormer event:

 a) you must be at least 18 years old and able to enter into a legally binding contract; and

 b) you will require a valid credit or debit card issued in your name.

4.2 The individual who is participating in the Snowstormer event must register themselves. Each individual participant must register for a Snowstormer Event. As part of the registration process you will be required to electronically consent to a personal waiver, therefore another person cannot register on your behalf.

4.3 How we will accept your Registration. Our acceptance of your Registration will take place when we email you to accept it, providing you with a Registration number. At this point your contract with us has started and immediately ends after completion of the Snowstormer event to which your Registration relates.

4.4 If we cannot accept your Registration. If we are unable to accept your Registration, we will inform you of this in writing. Where we have processed the Snowstormer Participant Fee this will be refunded to you, but any booking fees paid are non-refundable. We may be unable to accept your Registration because we have reached the maximum number of Participants who can compete in a Snowstormer event, because we have identified an error in the price or description of the Snowstormer event, because we are unable to verify your credit or debit card details, or because you have not provided us with the information required to complete your Registration.

4.5 Your Registration is a personal revocable licence. Your Registration is a personal revocable licence to attend the Snowstormer event you have registered for, which may be withdrawn, and admission refused, at any time.

4.6 Legally binding contract. Our acceptance of your Registration forms a legally binding contract that is subject to:

 a) these Terms and Conditions;

 b) any venue terms and conditions (including conditions of entry); and

 c) the personal waiver.

4.7 You confirm you have read these Terms and Conditions. By submitting your Registration, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions.

5. Your account details

5.1 Creating an account. As part of the registration process you will be provided with the options to create an account with our third party account provider. You must follow the instructions to set up a password-protected account providing your full name, postal address, telephone number and email address. You are responsible for ensuring your details are kept up to date at all times.

5.2 Who is responsible for your account details. You are solely responsible for maintaining security of your account details (username and password). You are solely responsible for any activity that is conducted via your account. If you suspect a third party knows your account details please immediately change your password using the change password section of your account and report the activity to our third party account provider. You should not allow anyone else use of your account.

5.3 When might we terminate or close your account. We and our third party account provider reserve the right to terminate your account and/or cancel your Registration and prohibit you from submitting future

Registrations if:

 a) we suspect fraudulent activity or other illegal activity is carried out by you or on your behalf via your account;

 b) we suspect unauthorised use of your account or you carry out or on your behalf other unauthorised activity is carried out via your account;

 c) we are required to by law or ordered to by a regulatory authority;

 d) abusive or threatening behaviour is carried out via your account by you or on your behalf; and/or

 e) you breach these Terms and Conditions or another applicable policy or terms and conditions.

5.4 How do you close your account. You can close your account at anytime by using the close your account section within your account. Please note that closing your account shall not take effect until after the Snowstormer event which you have registered for has taken place.

5.5 Reserving our and your rights and liabilities. Termination or cancellation of your account, by you or us (including our third party account provider) under these Terms and Conditions shall not affect our or your rights and liabilities which have accrued up to and including the date of termination or cancellation.

6. Price and payment

6.1 Where to find the price for participating in a Snowstormer event. The price for participating in a Snowstormer event (“Snowstormer Participant Fee”) will be the price indicated on the Registration page. A non-refundable booking fee will be charged for each Snowstormer event you register for.

6.2 Is the price always correct. We take all reasonable care to ensure that the Snowstormer Participant Fee advised to you is correct. However please see clause 6.3 for what happens if we discover an error in the price of the Snowstormer Participant Fee.

6.3 What happens if the price is incorrect. It is always possible that, despite our best efforts, the Snowstormer Participant Fee may be incorrect. We will normally check prices before accepting your Registration so that, where the correct Snowstormer Participant Fee at the date of submission of your Registration is less than the stated price, we will charge the lower amount. If the correct Snowstormer Participant Fee at the date of submission of your Registration is higher than the price stated to you, we will endeavour to contact you for your instructions before we accept your Registration. If we accept and process your Registration where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel your Registration and refund you any sums you have paid, except the booking fee which is non-refundable.

6.4 Event Protection Insurance. We offer the ability for you to purchase “Event Protection Insurance” in relation to your Registration, from a third party account provider. Please note these Terms and Conditions do not cover the Event Protection Insurance; please see our third party provider’s Event Protection Insurance terms and conditions for further details.

6.5 When you must pay and how you must pay. You will be required to pay us as part of the Registration process. Our third party account provider will notify you of the accepted forms of payment during the Registration process.

7. Snowstormer event timings and admission to the Snowstormer event.

7.1 Snowstormer event start time is subject to change. Please note the advertised Snowstormer event times are subject to change, including but not limited to your start time for participating in the Snowstormer event.

7.2 We reserve the right to alter the Snowstormer event programme. We reserve the right to alter or vary the programme of a Snowstormer event due to events or circumstances beyond our reasonable control. This will not oblige us to refund you the Snowstormer Participant Fee, unless a material alteration is made as described in clause 9.2, in which case clause 9.2 shall apply.

7.3 Admission is not guaranteed if you are late. We will generally make every effort to admit latecomers to the Snowstormer event, but admission cannot be guaranteed.

7.4 There may be security checks at a Snowstormer event. Security searches may be conducted at a Snowstormer event of you, other participants and any spectators for security and safety purposes. You, other participants and any spectators may be refused admission for breach or a suspected breach of any terms and conditions of a Snowstormer event.

7.5 We will not tolerate unacceptable behaviour. We reserve the right to refuse admission or remove a person (that being you, another participant or spectator) from a Snowstormer event for breach of any terms and conditions of the Snowstormer event, or unacceptable behaviour likely to cause damage, nuisance or injury to you or another person.

7.6 By attending a Snowstormer event you agree to be photographed, filmed or recorded. By attending a Snowstormer event, you, other participants and spectators consent to being photographed and/or filmed. Such photos, videos or film may be used, recorded, sold or distributed by us for our legitimate purposes.

7.7 We may use special effects at a Snowstormer event. We may use special effects at a Snowstormer event, which may not be suitable for those with epilepsy or similar conditions.

8. Cancellation and rescheduling of the Snowstormer event.

8.1 What happens if the Snowstormer event you have registered for is cancelled. We reserve the right to cancel a Snowstormer event for any reason. If the Snowstormer event you have registered for has been cancelled:

  • we will use reasonable endeavours to notify you. If you have created an account with our third party account provider, we will use your account details; and
  • you will be refunded the Snowstormer Participant Fee.

8.2 What happens if the Snowstormer event has been rescheduled. We reserve the right to reschedule a Snowstormer event for any reason. If the Snowstormer event you have registered for has been rescheduled, your Registration will be valid for the new date. If you notify us by the specified date (the “Deadline”) that you are unable to attend the rescheduled event, you will be able to cancel your order and obtain a refund of the Snowstormer Participant Fee. Failure to notify us by the Deadline will be deemed as confirmation, and you will be unable to claim a refund. For the avoidance of doubt all booking fees are non-refundable.

9. Your rights to cancel your Registration for a Snowstormer event

9.1 Cancelling your Registration because of something we have done or are going to do. If you cancel your Registration for a reason set out at (a) to (d) below your Registration will be cancelled immediately and we will refund the Snowstormer Participant Fee in full. The reasons are:

  • we have told you about a material alteration to the Snowstormer event or these Terms and Conditions which you do not agree to;
  • we have told you about an error in the price or description of the Snowstormer event and you do not wish to participate;
  • we have cancelled the Snowstormer event you have registered for, or notified you we are going to postpone the Snowstormer event to an alternative date for any reason and you have notified us in accordance with clause 8.2 that you are unable to attend the alternative date; or
  • you have a legal right to cancel your Registration for the Snowstormer event.

9.2 What is a material alteration. A material alteration is a change (other than an alternative date for the Snowstormer event you registered for) which, in our reasonable opinion, makes the Snowstormer event materially different from the Snowstormer event you generally, could reasonably have expected when you registered.

9.3 Cancelling your Registration where we are not at fault. If we are not at fault, you can still cancel your Registration for a Snowstormer event, but you will not receive a refund, as the Snowstormer Participant Fee is non-refundable after your Registration has been accepted, except in the circumstances set out in clause 9.1. For how to cancel your Registration, please see clause 10 below.

10. How to cancel your Registration for a Snowstormer event

10.1 Tell us you want to cancel your Registration. To cancel your Registration with us, please complete the cancellation section within your account.

10.2 How we will refund you. Where we have agreed to refund you in accordance with these Terms and Conditions, we will refund you by the method you used for payment.

10.3 When your refund will be made. We will make any refunds due to you as soon as possible, but no later than 14 days after we receive your cancellation request.

10.4 The Snowstormer Participant Fee is non-refundable. The Snowstormer Participant Fee is non-refundable after your Registration has been accepted by us, except in the circumstances set out in clause 8.1.

11. Our rights to cancel your Registration to participate in a Snowstormer event

11.1 We may cancel your Registration to participate in a Snowstormer event if you fail to adhere to these Terms and Conditions. We may cancel your Registration to participate in a Snowstormer event if:

  • you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due; and
  • you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to register you as a Participant.

11.2 You must compensate us if you fail to adhere to these Terms and Conditions. If you fail to adhere to these terms and we cancel your Registration for a Snowstormer event, you will not receive a refund of the Snowstormer Participant Fee.

12. If there is a problem with your Registration

12.1 How to tell us about problems. If you have any questions or complaints about your Registration, please contact our third party account provider using your account or contact us using the contact us section of our website.

13. Our responsibility for loss or damage suffered by you

13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

13.2 We do not exclude or limit in any way our liability to you 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; for fraud or fraudulent misrepresentation.

14. How we may use your personal information

14.1 How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.

14.2 How our third party account provider may use your personal information. Our third party account provider will only use your personal information as set out in its Privacy Policy.

15. Other important terms

15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

15.3 We may make changes to these Terms and Conditions. If we make changes to these Terms and Conditions, we will notify you by posting the updated version on our website. We will display a prominent notice on our website or email you to notify you a change has been made. Please read such notification carefully, as should you register for a Snowstormer event following such notification, your Registration shall constitute your agreement to the new Terms and Conditions. All Registrations are subject to the applicable Terms and Conditions that were published at the time of submission.

15.4 Except as outlined within these Terms and Conditions, 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, except as outlined. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

15.5 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.6 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

15.7 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in the English courts.