These are the terms and conditions (“Terms and Conditions”) that apply to each third party fundraising event in which you are participating as a fundraiser for the Jon Egging Trust (“JET”) a charity with its registered office at Highdown House, 11 Highdown Road, Leamington Spa, Warwickshire, CV31 1XT . Our correspondence address is The Old Bakehouse, Ufton Fields, Ufton, Leamingston Spa, Warwickshire, CV33 9NZ.
Participants must agree to the Terms and Conditions before participating in any Event as a fundraiser for the JET (a “JET Participant”).
1. The Event
a. The Event is not organised by JET but by a third party (“Event Organiser”).
b. Participation in the Event as a JET Participant is subject to these Terms and Conditions in addition to the Event Organiser’s own terms and conditions, which must be fully complied with at all times.
2. Application
a. An individual may apply to be a JET Participant in an Event as either:
i. a participant who has secured their own place in the Event directly via the Event Organiser and who has paid all applicable registration fees to the Event Organiser (an “Own Entry Participant”);
ii. a participant with a guaranteed place from JET in the Event (a “Guaranteed Participant”); or
iii. a participant who will apply for the opportunity to be offered a place from JET in the Event (a “Non-guaranteed Participant”).
b. All Non-guaranteed Participants acknowledge and agree that applying to be a Non-guaranteed Participant does not guarantee a place in the Event.
3. Participation
a. Each Guaranteed Participant pledges to raise the minimum sponsorship target (“Minimum Sponsorship”) for JET for the Event in which they are participating.
b. Each Guaranteed Participant must also register directly with the Event Organiser at least two weeks before the Event Organiser’s advertised registration deadline. JET reserves the right to withdraw the place of any Guaranteed Participant if they have not registered with the Event Organiser in accordance with this condition and to offer their place in the Event to another applicant. If a Guaranteed Participant loses their place in the Event under this condition then they will not be entitled to any refund of the Registration Fee (as defined below).
c. All fundraising activity undertaken as part of the Event must be for the benefit of JET only.
4. Registration and fundraising
a. All JET Participants must be registered to take part in the Event with both JET and the Event Organiser.
b. Each JET Participant must complete a JET entry form (“Entry Form”).
c. All Entry Forms, including postal Entry Forms, must arrive before the closing date for Event registration. JET may at its sole discretion extend the deadline for arrival of Entry Forms for Own Entry Participants. Proof of postage must be obtained for postal entries and JET accepts no responsibility for lost, damaged, illegible, delayed or mislaid Entry Forms.
d. Registration fees are fees that have to be paid direct to the event organiser or to JET on completion of entry form.
e. The Guaranteed and Non-guaranteed participant may be asked to pay a registration fee to JET to go toward the cost of the charity place. This fee will only be requested on place confirmation and is non-refundable.
f. JET Participants agree that all funds raised as a result of their participation in the Event shall be raised using legal methods and in compliance with the advice given via http://www.institute-of-fundraising.org.uk and/or in the information relating to the Event provided to JET Participants in advance of the date of the Event (“Event Information”).
g. Sponsor forms are emailed for participants to download and print and an online fundraising page can be set up using this link: www.justgiving.com/thejoneggingtrust
h. Guaranteed participants need to ensure that their sponsors are aware that a percentage of their sponsorship will go towards the cost of their place.
i. All funds raised for JET’s work shall be held on trust by each JET Participant for JET and paid to JET as soon as reasonably possible and in any case within 8 weeks after the date(s) on which the Event is scheduled to take place (“Event Date”).
5. Age of Participants
a. All JET Participants must be aged 17 or over by the Event Date unless the Event Organiser’s terms and conditions state a different minimum age limit.
6. Health and fitness
a. All JET Participants take part in the Event at their own risk.
b. JET Participants who have any doubt about their health or have a medical condition that could be affected by exercise, should obtain their doctor’s approval before participating in any Event.
c. JET shall not be under any obligation whatsoever to process, analyse or otherwise take any action on any medical information disclosed to it either during or after the registration process for an Event.
d. All JET Participants agree that, as far as they are aware, they are sufficiently fit and physically able to compete in the Event and, to the extent that it may be necessary, they have sought and relied upon any medical advice before the Event Date. It is each JET Participant’s own responsibility to assess their fitness and to ensure that they participate only if sufficiently fit. Should any medical or physical condition arise prior to the Event which is likely to affect a JET Participant’s ability to compete in the Event, the JET Participant should withdraw from the Event.
7. Safety
a. All JET Participants should ensure that any equipment or clothing used is in good condition and suitable for the Event.
b. Participants acknowledge and agree that because Events often take place in public spaces and because JET is not responsible for organising the Event, JET cannot be held liable for any damage caused outside of its direct control.
8. Insurance
a. JET does not provide any insurance, whether life or medical or liability, for any illness, accident, injury, death, loss or damage that may arise in connection with the attendance at and/or participation in the Event. Participants shall be responsible for arranging their own suitable and adequate insurance protection to cover their participation in the Event, including without limitation cover:
i. for material loss/damage to any equipment they may use in the Event or personal property (including clothing);
ii. any loss or damage they may cause to a third party;
iii. sickness; or
iv. negligence of any party.
9. Liability
a. Subject to paragraph 10(b), neither JET nor its agents or representatives shall be liable for:
i. any injury or accident causing loss or damage to a JET Participant or any third party where this is sustained as a result of a JET Participant taking part in the Event; or
ii. any loss or damage sustained by a JET Participant as a result of: the cancellation of the Event for any reason; any changes made to the Event for safety or any other reasons; or any circumstances beyond the control of JET.
b. Nothing in these Terms and Conditions shall limit or exclude JET’s liability in respect of death or personal injury sustained as a direct result of:
i. the negligence, breach of statutory duty or fraudulent misrepresentation of JET, its agents or representatives; or
ii. a deliberate act or omission of JET, its agents or representatives.
c. JET Participants and their friends and family members who attend the Event do so entirely at their own risk.
d. Each JET Participant is responsible for his/her actions whilst attending or participating in the Event. This includes at the Event start point, during the Event and at the completion point. JET accepts no responsibility for the actions of a JET Participant nor the consequences of such actions.
10. Withdrawal and Refunds
a. Registrations to participate in the Event are non-transferable to another year. Participation in the Event is personal to each JET Participant and JET Participants are strictly prohibited from swapping, selling or transferring their place in the Event or allowing any other person to participate in their place.
b. JET Participants must send written confirmation of their withdrawal via letter or email to the JET email address contained in the Event Information.
c. JET, the Event Organiser or its or their agents or representatives reserve the right to refuse entry to the Event or ask a JET Participant to cease participation if a JET Participant:
d. fails to follow instructions given by Event officials;
i. attempts to participate in the Event in a manner that JET or the Event Organiser or its or their agents or representatives, acting reasonably, believes:
1. may cause injury to the JET Participant;
2. may cause injury to another JET Participant;
3. may damage or harm the environment;
4. is likely to cause offence; or
5. otherwise cause a risk or potential risk to health and safety.
ii. is, in the opinion of JET, the Event Organiser or its or their agents or representatives, unfit to participate in the Event due to:
1. the consumption of alcohol;
2. the use of drugs;
3. an injury or illness; or
4. failure to arrive at the start check in at the specified time.
e. No refund will be provided by JET for any registration fees paid to JET by the participant for either Guaranteed or Non-guaranteed places.
f. If the Guaranteed place participant cancels within 8 weeks of the event they will be liable for the full cost of the place paid by JET to the event organiser for the place.
11. Cancellation and Changes to the Event
a. The Event Organiser may cancel the Event in accordance with their terms and conditions. If the Event is cancelled for any reason then JET will have no responsibility for any costs incurred as a result of such cancellation, including any travel or accommodation costs. Registration fees are non-refundable and any refund offered will be at the absolute discretion of JET.
b. All JET Participants acknowledge and agree that the organisation and staging of the Event is under the control and direction of the Event Organiser and the Event Organiser’s terms and conditions will apply in respect of any cancellation, alteration or re-scheduling of the Event, including the giving of any notice in respect of any change or cancellation.
c. JET will use its reasonable endeavours to communicate any changes to the Event to each JET Participant at the Event or sooner if practical.
d. If the Event is cancelled for any reason, JET will, upon the written request of the payee, return any sponsorship money paid.
12. Photos and Publicity
a. Photographs and films will be taken throughout each Event by JET and/or its contractors and/or its agents. All JET Participants consent to all and any use in any current or future media by JET and/or its group companies of any photographs, images and/or films in which they feature.
b. Photographs of children will not be used in this manner without express written consent unless the images are incidental, for example, children’s images at the start line within the crowd.
c. All JET Participants acknowledge and agree that no payment will be made to any JET Participant for the use of any photographs, images or films in which they may feature.
13. Data Protection
a. Each JET Participant agrees that information provided to JET in connection with Events may be used by JET in accordance with prevailing data protection legislation.
b. JET will use the information provided by JET Participants to register applicants for Events, process registration applications and manage the JET Participant’s involvement in the Event. JET will keep the JET Participant up to date with JET activities or provide any other information in accordance with their stated preferences.
c. Each JET Participant will agree to provide emergency contact information when registering for an Event.
14. Acceptance of these Terms and Conditions
a. By registering with JET to participate in the Event, a JET Participant agrees to be bound by these Terms and Conditions.
b. If any provisions in these Terms and Conditions, whether in full or in part, is held to be invalid or unenforceable, all other remaining provisions (in full or in part) shall continue to be valid and enforceable.
c. JET may vary these Terms and Conditions from time to time and the up to date terms shall be available on the Website.
d. These Terms and Conditions and any dispute or claim that arises out of or in connection with them is governed by and construed in accordance with the law of England and Wales. The courts of England and Wales have exclusive jurisdiction to settle any dispute or claim that may arise out of or in connection with these Terms and Conditions.