Terms and Conditions
Our terms
1. These terms
1.1. What these terms cover. These are the terms and conditions on which we supply Events to you.
1.2. Why you should read them. Please read these terms carefully before you submit your Event registration to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information about us and how to contact us
2.1. Who we are. We are Nuclear Races Ltd, a company registered in England and Wales. Our company registration email is info@nuclear-races.co.uk Our registered address is Great Myles Ongar Road, Kelvedon Hatch, Brentwood, Essex, CM15 0LB.
2.2. How to contact us. You can contact us by writing to us at info@nuclear-races.co.uk, by using our contact form on our website https://nuclear-races.co.uk/find-us/ or by telephone on 01277 366301.
2.3. 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 provide to us when you subscribe to our Events.
2.4. “Event” means an endurance event offered by us which takes place on our farm land with mud, woods, rivers, lakes & fields, including, but not limited to Nuclear Fallout, Nuclear Rush, Nuclear Blast, Nuclear Blackout, Nuclear Tasters, Nuclear Rookies, Nuclear Surge, Wild Forest, Nuclear Trials, Rope Runners, Nuclear Races and any of the Nuclear Experience Days.
2.5. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1. How we will accept your registration. Our acceptance of your Event registration will take place when we email you with confirmation of registration, at which point a contract will come into existence between you and us. We will not accept registrations that are not made by the individual competing in the Event (save in relation to children in certain circumstances, please see clause 10, and save in relation to team bookings, please see clause 3.2. Please refer to the corporate booking terms and conditions for corporate bookings).
3.2. Team bookings. Where team bookings are made, you warrant that you have the permission of each individual to register them for the Event. We reserve the right to decline an individual’s registration if we do not receive a signed waiver.
3.3. If we cannot accept your Event registration. If we are unable to accept your Event registration, we will inform you of this and will not charge you. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Event or because you have not fulfilled the eligibility criteria appropriate for that Event.
3.4. Your registration number. We will assign you a registration number and tell you what it is when we accept your Event registration. It will help us if you can tell us the registration number whenever you contact us about your Event registration. Your registration number can be found on the email confirming your registration.
4. Your rights to make changes
If you wish to make a change to the Event you have registered for, for example, updating which start you wish to participate in, please refer to your confirmation email, which will contain details about how to make the change. Alternatively, please visit the booking pages for the Event on our website. If you need to update your name, email address, date of birth, or upgrade any other part of your registration, please contact us at info@nuclear-races.co.uk. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price or timing of the Event, or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 11 – Your rights to end the contract).
5. Our rights to make changes
5.1. Minor changes to the Event. We may change the Event:
5.1.1. to reflect changes in relevant laws and regulatory requirements; and
5.1.2. to implement minor technical adjustments and improvements, for example to address a security threat, or for health and safety reasons. These changes will not affect your enjoyment of the Event.
5.2. More significant changes to the Events and these terms. In addition, as we informed you in the description of the Event on our website, we may make the following changes to these terms or the Event, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Event paid for but not completed:
5.2.1. significant alterations to the course, including changes to or removal of or closure of significant sections of the course;
5.2.2. changes to wave timing if there are not enough participants for a particular wave.
6. Transferring your registration
6.1. The email we send to you confirming your registration (and possibly subsequent emails) will contain information regarding the transfer of your registration to another individual or Event. These emails will also provide the required links to view/edit and transfer the registration to another individual or Event.
6.2. The transfer of registration is subject to a fee as set out in the race day information email sent to you.
6.3. Any transfer of registration must be completed (as defined below) at least 3 days prior to the Event date.
6.4. Any transfer of registration will not be completed until:
6.4.1 you have received an email confirming your registration in an alternative Event; or
6.4.2 the individual to whom you are transferring your registration has received an email confirming their registration.
6.5. Nothing in these terms allows you to resell, offer for resale at a premium, or use in any form of commercial or business activity your registration to the Event unless expressly authorised by us. These are grounds for cancellation by us.
7. The Event
7.1. Race day information. During the registration process we will let you know when the Event will be taking place. In the run-up to the Event we will send your race day information to the email address you provide us with when you register for the Event. The race day information will contain, without limitation, a full itinerary, the Event number, your wave start time, and rules and instructions, including safety instructions, for the Event.
7.2. Race timing chip. This will be available for collection at the Event and will enable us to record your Event completion time. Your time will not be recorded if you do not wear your race chip for the duration of the Event (i.e. when crossing the start line up until crossing the finish line). We shall not be responsible for your failure to wear your race chip during the Event or your failure to comply with our reasonable instructions relating to the use of the race chip. In order for your Event completion time to be recorded, we will need to transfer your name, date of birth and gender to a third party, which will be done in accordance with our privacy policy.
7.3. If you do not receive your race day information. Where you have registered for an Event more than two weeks in advance, please allow up to two weeks prior to the Event date to receive your race day information. If after such time you have still not received your race day information, please visit the booking pages for the Event on our website to request that your race day information be resent. Alternatively, you can get in touch with us at 01277 366301 or info@nuclear-races.co.uk and we shall arrange for your race day information to be resent to you ahead of the Event.
7.4. We are not responsible for delays outside our control. If the Event is delayed by, or must be cancelled due to circumstances outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by such circumstances, but if there is a risk of substantial delay you may contact us to end the contract or arrange to take part in an equivalent Event. Please note that no refund will be available if the Event is delayed by, or must be cancelled due to circumstances outside our control. If you wish to participate in an alternative Event, an additional registration fee will be payable.
7.5. What will happen if you do not give required information to us. We will need certain information from you so that we can be sure to maximise your enjoyment of the Event, for example, name, address, age, t-shirt size, sex. These details will be requested during the registration process on our website. If you do not give us this information at the point of registration, or if you give us incomplete or incorrect information, we may either end the contract (and clause 13.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for complications on the day of the Event if this is caused by you not giving us the information we need within a reasonable time of us asking for it. If any of these details change between Event registration and the Event, for example, if you change email address, you are responsible for contacting us to provide updated details.
8. Your safety at the Event
8.1. You acknowledge that the Event is potentially hazardous and may involve serious injury or death to you or others. You acknowledge that we have not taken out any insurance on your behalf, and we recommend that you take out such insurance in relation to your participation in the Event.
8.2. You acknowledge that participation in an Event is at your own risk, save for in circumstances where we are at fault.
8.3. You should not enter and participate in an Event unless you are medically able and properly trained.
8.4. You should not enter and participate in an Event if you suffer from poor circulation, a heart condition or other medical condition, or if you are not able to swim.
8.5. Your warranties to us. You warrant to us that on the Event date you:
8.5.1. meet the minimum age requirement for the Event (as listed on our website in relation to each Event);
8.5.2. will be in good health and in proper physical condition to safely participate in the Event;
8.5.3. will seek medical advice from your doctor before participating in the Event if you have a medical condition or are taking medication that may impede your participation;
8.5.4. are aware of the risks of participating in the Event;
8.5.5. will adhere to the rules and all instructions given by Event officials at all times whether given in the race day information or on the day of the Event;
8.5.6. will stop and assist any other participants/attendees of the Event in need of medical attention and alert an Event steward as soon as possible;
8.5.7. will not drop litter on any part of the Event ground; and
8.5.8. will not wear any clothing or use any equipment that may pose a risk to yourself, other participants, spectators or Event officials.
8.6. Nuclear Races is concerned with the health, safety and well-being of the participants. The use of Drugs and Performance Enhancing Substances (collectively referred to as “Prohibited Substances”), as defined in the World Anti-Doping Agency Code, is inconsistent with the standards expected of our participants, and those of Obstacle Course Racing.
8.7. Nothing in these terms and conditions waives your statutory rights.
9. Removal from the Event
9.1. We reserve the right to refuse to allow you to participate, or continue to participate, in the Event if you:
9.1.1. breach any of the warranties you have given at clause 8.5;
9.1.2. are not wearing your official race tag;
9.1.3. give cause for concern that your continued participation may cause offence or injury to yourself, spectators or other competitors;
9.1.4. do not meet the minimum age requirement for the Event;
9.1.5. do not arrive in time for your wave start time;
9.1.6. are deemed to behave inappropriately; or
9.1.7. are, in our reasonable opinion, under the influence of drugs and/or alcohol.
9.2. Your removal from the Event will entitle us to end the contract as per clause 13.
9.3. Your removal from the Event under this clause 9 will not entitle you to any refund.
10. Children
10.1. Child participation without supervision. Particular Events welcome participation by children (please see individual Event guidelines on our website). During the registration process the child’s parent or legal guardian will be asked to accept these terms on the child’s behalf. If the child’s parent or legal guardian objects to the child’s participation in the Event at any point the child will not be entitled to participate in the Event.
10.2. Child participation under supervision. Some Events may require children of certain ages to be accompanied by an adult over the age of 18 (“Adult”). Adults that register for an Event acknowledge that they are responsible for the child and that they must be physically proximate to the child throughout the Event. It is the Adult that must complete the registration process in these circumstances.
10.3. Where our website does not explicitly state that children of certain ages are allowed to take part then that Event is for those over the age of 16 only.
11. Your rights to end the contract
11.1. You can always end your contract with us. Your rights when you end the contract will depend on whether there is anything wrong with our description of an Event, how we are performing and when you decide to end the contract:
11.1.1. If the Event is misdescribed you may have a legal right to end the contract (or participate in an equivalent Event or to get some or all of your money back);
11.1.2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 11.2;
11.1.3. If you have just changed your mind about the Event, see clause 11.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions (such as any booking fee or administration fee);
11.1.4. If you are unable to participate in the Event due to an injury, see clause 11.4.
11.2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out in clause 11.2.1 to clause 11.2.3 below the contract will end immediately. The reasons are:
11.2.1. we have told you about an upcoming change to the Event or these terms which you do not agree to (see clause 5.2);
11.2.2. we have told you about an error in the price or description of the Event you have registered for and you do not wish to proceed;
11.2.3. you have a right to end the contract because of something we have done wrong.
11.3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products and/or services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
11.4. If you need to end the contract for reasons that prevent your participation. If you are prevented from participating, for example due to injury or ill health, and have purchased Booking Protect insurance, then you can:
11.4.1. cancel your registration; or
11.4.2. transfer your registration in accordance with clause 6; or
11.4.3. defer your registration to another Event in the same calendar year.
You must provide a note from a doctor in order to exercise the options in clause 11.4.1 to clause 11.4.3 above.
11.5. How long do I have to change my mind? You have 14 days after the day we email you to confirm your registration, this is your cooling-off period. However, if the Event takes place during the cooling-off period and you take part in the Event you cannot change your mind, even if the cooling-off period is still running.
12. How to end the contract with us (including if you have changed your mind)
12.1. Tell us you want to end the contract. To end the contract with us, please let us know by calling us on 01277 366301 or email us at info@nuclear-races.co.uk. Please provide your name, home address, details of the Event that you have registered for, your registration number and, where available, your phone number and email address.
12.2. How we will refund you. Where a refund is due to you, we will refund you the price you paid for the Event, less any booking fee, by the method you used for payment. However, we may make deductions from the price, as described below.
12.3. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind we may also deduct from any refund an amount equal to the administration fee paid by you on registration.
12.4. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us that you have changed your mind.
13. Our rights to end the contract
13.1. We may end the contract if you break it. We may end the contract at any time by writing to you if (for example):
13.1.1. we remove you from the Event due to one of the reasons listed in clause 9.
13.1.2. you do not make any payment to us when it is due;
13.1.3. you transfer your registration other than in accordance with clause 6;
13.1.4. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to ensure you have everything you need to take part in the Event, for example, name, address, sex, age, t shirt size.
13.2. Your rights if we end the contract. You may be entitled to a refund if we end the contract in accordance with clause 13.1, however you will be expected to pay us reasonable compensation to cover the losses we incur as a result of your breach of the contract (which may be an equivalent or greater amount than the price you paid for the Event). We may set-off such compensation from any refund that may be due to you.
14. If there is a problem
How to tell us about problems. If you have any questions or complaints about the Event or registration process, please contact us. You can telephone us at 01277 366301 or email us at info@nuclear-races.co.uk.
15. Price and payment
15.1. Where to find the price for the Event. The price of the Event (which includes VAT) will be the price indicated on the registration pages when you register. We take all reasonable care to ensure that the price of the Event advised to you is correct. However please see clause 15.3 for what happens if we discover an error in the price of the Event you register for.
15.2. When you must pay and how you must pay. We accept payment with Mastercard and VISA credit cards and VISA debit cards. Please note that we do not accept American Express. You must pay the full price of the Event and administration fees when registering through our website. If you are a corporate customer please get in touch to arrange alternative payment plans.
15.3. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Events may be incorrectly priced. Where the Event’s correct price at your registration date is less than our stated price at your registration date, we will refund the difference. If the Event’s correct price at your registration date is higher than the price stated to you, we will contact you for your instructions. If we accept and process your Event registration where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
16. Our responsibility for loss or damage suffered by you
16.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, 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, for example, if you discussed it with us during the sales process.
16.2. 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; for breach of your legal rights in relation to the Event.
17. How we may use your personal information
We will only use your personal information as set out in our privacy policy.
18. Intellectual Property Rights
18.1. Your consent to being photographed etc. By agreeing to these terms you agree to us or our sponsors/partners interviewing and/or photographing and/or filming you at the Event (before and after the Event as we may reasonably require).
18.2. Our ownership of intellectual property. All intellectual property rights in or arising out of or in connection with the Event, including, but not limited to, the media mentioned in clause 18.1, shall be owned by us for use at our absolute discretion (subject, where appropriate, to our privacy policy). To the extent that, as a matter of law, we do not own the intellectual property rights arising out of or in connection with the Event, you agree that such rights are automatically assigned to us.
18.3. Retention of our intellectual property. Participation in the Event does not confer any intellectual property rights (by implication or otherwise) on you to use, alter, copy or otherwise deal with any of the symbols, trademarks, logos and/or intellectual property of the Event.
19. Other important terms
19.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
19.2. You need to comply with clause 6 in order to transfer you registration to someone else.
19.3. Nobody else has any rights under this contract. Save where a team entry to an Event has been made, this contract is between you and us. No other person shall have any rights to enforce any of its terms.
19.4. 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.
19.5. 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.
19.6. 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 respect of the Event in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Event in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Event in either the Northern Irish or the English courts.
