FOREST FACILITY TERMS AND CONDITIONS
Note: If you wish to purchase goods from Rat Race, please refer to the separate terms and conditions, which can be found at ratracestore.com/terms-and-conditions.
All Activity Bookings
The following definitions shall apply to these terms and conditions:
Business Days means a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Activity means any activity organised by Forest Facility Ltd (either on its own or in association with third parties) which you have registered to take part in.
Activity Participation Fee is the fee payable by you to Forest Facility Ltd in consideration of your participation in the Activity.
Activity Rules Document means the rules described in paragraph 9 of these terms and conditions.
Activity Transfer Process means the Activity transfer process that is set out in paragraph 13 of these terms and conditions and which can be found at forestfacility.com/transfer-policy as updated, amended and revoked from time to time.
Force Majeure means events, circumstances or any causes beyond our reasonable control including, but not limited to weather, flooding, landslides, social or political unrest, war, riot, terrorist activity (threatened or actual), disease, epidemic, pandemic, quarantine, acts of government or public authorities, public health issues and famine.
Imagery means any photographs, videos/films, sound and/or media recordings taken of you, which display your name, image, likeness, and/or voice participating in the Event.
Lead Participant means the Participant who makes the booking on their and their group/party’s behalf.
Forest Facility site means the premises containing Activities being undertaken by Participants and any associated attendance by their supporters or spectators.
Losses means any damage, compensation, loss, costs or expenses (including legal costs and expenses) that arise out of (i) injury, illness or death sustained by a Participant or Spectator or (ii) damage or loss of a Participant/Spectator’s property/equipment/baggage while on-site at Forest Facility.
Participant (you/your) means an individual participating in the Event OR the parent or guardian of a minor (under 18 years old) participating in the Event.
Participation means actual participation in an Activity by the Participant.
Forest Facility Ltd (we/our) means (and any of its subsidiaries or associated companies) registered in England registered at 36 WISBECH ROAD, THORNEY, PETERBOROUGH, CAMBRIDGESHIRE, PE6 0SB, ENGLAND (address not to be used for correspondence) and under Company Number 10713934
Forest Facility Customer Service means FOREST FACILITY LTD, 36 WISBECH ROAD, THORNEY, PETERBOROUGH, CAMBRIDGESHIRE, PE6 0SB, ENGLAND /E-mail: firstname.lastname@example.org) to be used for all correspondence/communications with us).
Spectator(s) means any person who is not participating in an Activity, who attends an Activity location or communal area/ car park or otherwise within the Forest Facility site.
Unavoidable and Extraordinary Circumstances is a situation that is beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken.
1. Making a purchase and Choosing your Activity
1.1. To make a purchase or booking, you must complete the online booking form.
1.2. The Contract between you and us will come into existence when we have issued your Booking Confirmation (i.e. after you have paid for your Activity) and is made on the provisions of these terms and conditions. As part of the Contract, you agree to participate in the Activity. You confirm and guarantee that you have authority to enter into and accept the terms of the booking on your, and any other persons included in your booking’s, behalf. Once the Contract comes into existence, you agree to abide by any instructions given to you by us or any of our officials regarding your Participation in the Event.
2. Pricing and Payment
2.1. We reserve the right to make changes to the price of Activities at any time prior to you making your purchase.
2.2. The total price of your purchase will be displayed in the Activities pricing page on our website and will be confirmed to you before you complete your purchase.
2.3. Once you proceed with your purchase, you will be required to select your preferred payment method. You must pay the total price for your purchase in full when you book or, where available, you can select to pay using our instalment plan which allows you to spread the cost of your Event Voucher, if this service is available. If you have a Forest Facility Gift E-Voucher you can use this to pay for/towards your purchase. Note: you may be required to present your Gift E-Voucher when you arrive at the Forest Facility site for your Activities.
3. Forest Facility Gift E-Voucher Redemption
3.1. You must present your Voucher at Event registration before the start of your Activities.
3.2. If you have acquired or have been given a Forest Facility Gift E-Voucher (only available for purchase from forestfacility.com/gift-vouchers) and use this to purchase (in full or part) your Event Voucher, you must also present your Forest Facility Gift E-Voucher at the Event registration before the start of your Event.
3.3. We reserve the right to refuse your Participation in an Event if you fail to meet the requirements of paragraphs 3.1 – 3.2.
4.1. It is recommended that you have adequate personal insurance in place which covers your participation in all activities included in your purchase.
4.2. If you chose to participate without adequate personal insurance cover in place, we will not be liable to you for any losses howsoever arising where cover would otherwise have been available (except where these are incurred as a result of our negligence).
Note: We do not provide insurance cover for Participants for cancellation, personal injury, and you accept that this has been made clear to you prior to making your purchase.
5. Hazards & Risks
5.1. You acknowledge that Activities, by their nature, terrain and physical demands, are potentially hazardous and dangerous to Participants and that participation carries a risk of serious personal injury and/or death to you and others and/or damage to equipment/kit/property. You are solely responsible for assessing on each occasion whether you should participate/continue to participate in an Activity and this is at your own risk. It is your personal responsibility to remain within the Forest Facility terms and conditions at all times. You must acknowledge that you will not be under continuous direct supervision at all times for some Activities. When you take part in Activities, you must adhere to any given rules and guidance at all times. There are certain times when you will have direct supervision from Forest Facility staff and at other times, you may have indirect supervision; this means you will have access to a Forest Facility staff member at most times if needed but they won’t always be in the immediate vicinity directly instructing you.
6.2. The conditions attributable to your Activity will be described in the Activity description page on our website before you make your purchase. If after you have read this information you are unsure of the risks associated with your Activity or if you would like to discuss these further, please contact Forest Facility Customer Service before making your purchase.
6.3. If you choose to take part in an Activity, you commit to do so with full knowledge and understanding of the risks associated with participation in that Activity. It is your sole responsibility to inform yourself of the risks involved and you are strongly advised to take every reasonable precaution to avoid such risks. It is also your responsibility to exercise reasonable care and attention whilst participating in your Activity. You are expected to be able to look after yourself/other Participants included in your booking. Forest Facility does not accept liability for any Losses sustained by you/other Participants included in your booking which arise out of Participation in any Activity (except where they arise out of our negligence).
6.4. Where applicable, Activity routings are pre-set (typically with the use of signs or guides) for you to follow. The routes may require running and/or walking tracks and/or on rough or uneven terrains which pose inherent hazards and risks. You acknowledge your responsibility to exercise every possible caution when using the pre-set route(s). If you chose to deviate from these routes, you do so at your own risk and we accept no liability for any Losses incurred by you in these circumstances (except where they arise out of our negligence).
6.5. Activities take place outside in varied, sometimes extreme, weather conditions (often with little or no warning). You are expected and remain responsible for preparing yourself for the weather conditions of the day accordingly. We accept no liability for any Losses incurred by you in these circumstances (except where they arise out of our negligence).
6.6. Activities typically include obstacles and structures and different types of terrain. The characteristics of those obstacles, structures and terrain may change in varying weather conditions. They can be:
6.6.1. naturally occurring (including, but not limited to, rocks, trees, boulders and water features such as streams, manmade pools and lakes/reservoirs); and/or
6.6.2. for some Activities they will added to/built into the course by us. Where the obstacles and structures are added/built into an Activity by us, we will adhere to the rules, standards and regulations and/ or best practice relating to their construction, operation and on-going maintenance as demonstrated and exercised by competent authorities.
Regardless of the type of obstacle, structure and terrain, you are expected to use your own judgment at all times when assessing (i) the conditions applicable to them at the time of your Participation and (ii) your interaction with the course or Activity. We accept no liability for any Losses incurred by you arising out of your interaction with an obstacle, structure or terrain (except where they arise out of our negligence).
7. Equipment and clothing required
It shall be the responsibility of all participants to ensure that they are dressed appropriately, and Forest Facility advises participants to wear clothing suitable for the environment and possible weather conditions and the Activities and which they do not mind getting dirty and/or damaged. In particular the following restrictions shall apply:
Participants may not undertake the Activities in open-toed or slip-off shoes (ankle-supporting boots are best)
Long hair must be tied back
Waists must be covered and piercings removed or taped over for comfort.
Forest Facility will not be responsible for any damage to or loss of clothing or other personal items of persons resulting from participation in the Activities.
7.1. Each Activity may have its own specific mandatory equipment/kit requirements. Where applicable, these will be detailed in the Activity’s description before you book and will be confirmed to you when you make your purchase. We may also provide you with mandatory equipment/kit to carry out certain Activities. We reserve the right to make changes to mandatory equipment/kit requirements up to 24 hours before the start of an Activity, especially regarding forecast weather conditions and appropriate clothing required. Any such changes will be notified to you by either e-mail, text and/or by posting a notice on our website or our Facebook site. Note: you will be required to demonstrate to us at the start of the Activity that you have the required mandatory equipment/kit with you.
7.2. It is your sole responsibility to ensure that you have the required mandatory equipment/kit (including specific safety equipment) with you at all times during the Activity. This is essential, as without it you will not be able to participate in the Activity safely and will not be permitted to participate in the Activity. Note: in these circumstances you waive your right to participate in the Activity and we shall have no liability to you to refund your Participation Fee or any costs/expenses (including legal costs and expenses), damages, compensation and losses incurred by you as a result of your failure to meet the mandatory equipment/kit requirements, ie appropriate footwear, waterproof, warm comfortable clothing. Activity specific kit and equipment will be provided on site.
7.3. If you would like to discuss any mandatory equipment/kit requirements further, please contact Forest Facility Customer Service prior to making your purchase.
Loss, Theft & Damage of Equipment/Kit/Property
7.4. Forest Facility accepts no responsibility for loss, theft, or damage to any equipment/kit/property owned by or under the control of the Participant, deposited by the Participant at any location in the Forest Facility site and/or at any point of the Activity courses and/ or locations. This includes any transport of your equipment where such transport is an element of the service provided during the Activity (whether by, or on behalf, of Forest Facility).
8. Medical/Fitness Requirements
8.1. Because of the nature of the Activities, they are not generally suitable for persons with reduced mobility. If you have a medical condition or disability that may affect your participation in an Activity, you must provide us with full disclosure of this and any special requirements that you may have prior to booking an Activity with us (or if such special requirements arise after you have booked your Activity, as soon as you become aware of these).
8.2. Participation in some Activities involve strenuous physical exertion, and you may be required to be active for very long periods of time. You may also need to be active through extreme weather conditions (including inclement weather and/or very hot or cold weather). You acknowledge these facts and you accept that it is your sole responsibility to ensure that you have a level of fitness and medical condition at least adequate for the Activity requirements. Note: Upon making a purchase, you declare that you are physically fit and healthy enough to participate in the Activity.
8.3. If you require further information regarding an Activity to determine if it is suitable for you/your level of fitness/any medical condition you may have, please contact Forest Facility Customer Service before you make your purchase.
8.4. We reserve the right to not accept your purchase if, after taking into consideration your special requirements, condition, disability or fitness levels, we reasonably believe that an Activity is not suitable/safe for you to participate in. We also reserve the right to cancel your Activity reservation and impose applicable cancellation charges if we subsequently become aware:
8.4.1. that your level of fitness is not sufficient for you to safely participate in an Activity you have reserved a place in; or
8.4.2. of any medical condition/disability that you have (i) not made us aware of, or (ii) which you are diagnosed with after booking, if we reasonably believe your Activity is not suitable/safe for you to continue to participate in.
Where we cancel in the circumstances listed in paragraphs 8.4.1 – 8.4.2, we will not be liable for any costs or expenses that you incur.
8.5. If you have any specific medical details which you believe may be important, we highly recommend that you write these down and carry on your person at all times during the Activity to ensure that anyone coming to your aid is aware of them.
8.6. On the day of the Activity (or prior), you will be required to sign a statement of fitness for your participation in the Activity and to disclose any medical condition which may affect your participation. This information will be treated confidentially and at all times in line with Data Protection laws. You will not be able to participate in the Activity unless you confirm your statement of fitness for the designated Activity at the appropriate time stipulated to you.
9. Activity Rules
9.1. For reasons of fairness, safety and responsible behaviour, you are expected to abide by the Activity rules and regulations set out in this entire paragraph 9. Failure to comply with these Activity rules and regulations may lead to your removal from the Activity and/ or cancellation of your purchase without recourse to reimbursement.
9.2. You may be required to provide us with your photo ID upon arrival for Registration for your Activity at Forest Facility. If asked for your ID, you will not be able to participate in the Activity if you are unable to provide it to a Forest Facility member of staff.
Note: You accept that on-the-Activity-day steps and (including those contained in paragraph 8.5 above) are a mandatory part of the registration procedure and are designed to ensure your safety. You agree that you will unilaterally cancel your Activity Participation and your Contract with Forest Facility if you fail to follow these steps and our standard cancellation charges will apply in these circumstances.
You understand and accept that failure to comply with any of these terms and conditions (including the Activity Rules) or the health and safety rules of the Activity may, at Forest Facility’s sole discretion, result in your removal from the Activity and. Or cancellation of your purchase. In such circumstances you may be asked to leave the Forest Facility site/ designated Activity location and our standard cancellation charges will apply.
Activity Do’s and Don’ts
9.3. It is your sole responsibility to comply at all times during Activities undertaken with all applicable laws, byelaws and regulations
9.4. You accept that the Forest Facility supervisor or responsible staff member’s decision is final in all cases.
9.5. You MUST:
9.5.1. show respect for the environment, landowners, local communities and other recreational users and Activity Participants;
9.5.2. ensure that you are wearing or carrying the appropriate (mandatory and/or recommended) equipment/kit at all times during the Activity;
9.5.3. dress appropriately for the Activity’s conditions, taking into consideration the weather on the day of your Activity, which can vary. It is your sole responsibility to select and wear appropriate clothing, footwear and other garments. We will not be liable for any injury or any loss which is a result of you not wearing appropriate clothing and/or footwear;
9.5.4. notify a Forest Facility staff member (at registration or when prompted beforehand as part of your declaration of fitness to participate) of any significant medical history applicable to you;
9.5.6. stop and assist using reasonable endeavours any Participants in need of medical attention and alert a Forest Facility staff member ASAP;
9.5.7. in an emergency, attract attention by (for example) using a whistle (if on your person) or voice or hand gestures and raise the alarm to other Participants and/ or Forest Facility staff members. In the event of a true emergency, you must contact 999. There may also be an emergency protocol specifically issued for the Activity for you to follow, which we will make made available to you if applicable. There will be Forest Facility staff members in attendance throughout your Activity equipped with communications devices who will be available to assist you; however, they may not be present in person for all Activities, pursuant to the detail outlined in clause 5.1 of this Agreement.
9.5.8. go to the aid of any Participant requiring medical assistance that is in proximity to you, and alert a Forest Facility staff member; and
9.5.9. co-operate with Forest Facility staff members at all times.
9.6. You must NOT:
9.6.1. interfere with any Activity equipment;
9.6.2. stray off the course or enter out-of-bounds areas;
9.6.3. at any time drop any litter on any part of the Forest Facility site.
9.6.4. smoke anywhere on the Forest Facility site
Event Obstacles and Naturally Occurring Course Challenges
9.7. You are expected to tackle any obstacles or naturally occurring on-course challenges that may be present sensibly, and with the knowledge that you can make decisions independent from any verbal instruction from Forest Facility staff members that may be present or applicable safety signage (for example, determining whether you consider yourself able to tackle these Event obstacles/challenges).
9.8. If you approach an obstacle/naturally occurring on-course challenge and you are unsure how it should be tackled in the safest manner, you should consult a Forest Facility staff member who may be able to offer some instructions, if such a staff member is in attendance. Alternatively consult any signs that may be present. In the absence of a staff member or specific signage (both or either of which may or may not be present) you should bypass the obstacle if you are unsure of how it should be tackled in the safest manner. Only attempt to tackle an obstacle/challenge if you are entirely sure of the method of engagement and you are confident that you have the ability to do so safely.
9.9. Some guidelines for safe practice are:
9.9.1. consider bypassing an obstacle or challenge if (1) you lack confidence, (2) have appreciable fear or (3) are in any form injured;
9.9.2. ensure that the approach to the obstacle or challenge and the obstacle or challenge itself are clear from obstruction;
9.9.3. if there is a staff member or a sign giving instructions, pay close attention and follow the given instructions;
9.9.4. if choosing to help other Participants, do so carefully, with their consent and without pushing inappropriately hard or by making inappropriate physical contact;
9.9.5. not attempting any stunts or ‘showboating’ whilst participating in the Activity;
9.9.6. Paying attention to your surroundings, keeping head, arms and hands clear of any protrusions;
9.9.7. Checking your landing site before jumping or lowering yourself from any obstacle or challenge;
9.9.8. landing with both feet whilst bending your knees to absorb any shock;
9.9.9. moving away from the obstacle/challenge promptly;
9.9.10. completing the obstacle only ONCE;
9.9.11. not rushing;
9.9.12. not barging or jostling with other participants; and
9.9.13. not swallowing any water if you submerge for any reason.
Forest Facility Activity Equipment
9.10. Where you are provided with equipment or where you hire it from Forest Facility, you are expected to treat such equipment with care and respect. If in Forest Facility’s reasonable opinion, you are found to have damaged equipment (either wilfully, maliciously, negligently or by mistake) or if you fail to return our equipment at the end of the Activity you will be responsible for paying the cost of replacing the damaged equipment, to us.
9.11. Timing Equipment: Where timing equipment or satellite tracking units are issued to you for wearing or carrying during the Event, you must return the same to us immediately post-Event. The equipment remains our property at all times. If you fail to return any such items promptly, at all, or if you return them damaged (as outlined in paragraph 9.11), you must reimburse us for the replacement value of each item of tracking equipment which will be (i) up to £150 per item of timing equipment and/or (ii) the replacement value per satellite tracking unit – this may be considerably higher and replacement values will be communicated to you clearly in advance of your Participation in an Activity.
Event Participant Bibs
9.12. If you are issued with an Event number bib/label by Forest Facility you must display this and keep it clearly visible at all times during the Activity. The bib/ label must not be altered or defaced in any way before or during the Activity. You are not allowed to affix any other branding materials in any shape or form to your bib or shirt, however temporary. Failure to comply with these requirements will result in instant removal from the Activity (without any liability to us to refund your Participation Fee or any other costs or expenses incurred by you as a result).
9.13. We enter into agreements with landlords to secure permission for the parking of Participant vehicles. The plans we make for parking are crucial to enable all Participants to have a smooth and safe entrance and egress to the Forest Facility site whilst causing the minimum of disruption to local traffic. Participants agree to follow the instructions of the site parking staff and/ or signage at all times. Forest Facility shall not be responsible for any Participant vehicles (including damage, theft or otherwise) that are parked on the Forest Facility site.
Note: be aware out site has shared access to surrounding farms and tracks are therefore in regular use by large farm machinery and vehicles, hence strict and considerate parking allocated spaced is essential to ensure customer vehicles are not in the way and consequently at-risk by-passing machinery.
Third Party Vehicle Flyers Prohibition
9.14. We have a strict policy prohibiting flyers from being placed on vehicles. We have no association with, nor do we endorse, any organisations which may distribute unlawful flyers.
9.15. We will charge any organisations that conduct non-agreed vehicle flyer placement and distribution £1 per Participant taking part in an Activity, to cover the cost of litter collection and refuse disposal.
9.16. You agree not to engage, or endorse, any organisation to distribute flyers on Participant vehicles and to indemnify Forest Facility for any fines, losses, damages, compensation, costs and expenses (including legal expenses) incurred as a result of this (including, but not limited to, the costs detailed in paragraph 9.16).
10.1. If you intend to bring any Spectators to watch your Participation in an Activity, you agree to be responsible for bringing this entire paragraph 10, and any Spectator guidance that we may provide you with, to their attention before the Activity start date.
10.2. Upon arrival at the Forest Facility site, Spectators may also be required to sign their acceptance of specific Spectator rules, which will provided as applicable.
10.3. Any Spectators attending the Forest Facility site do so acknowledging that the site plays host to potentially a hazardous activities, that takes place in potentially dangerous and hostile conditions/locations. By choosing to spectate at an Activity, Spectators accept these risks, in particular the inherent risks in paragraph 10.4 below.
10.4. Activities carry inherent risks including, but not limited to:
10.4.1. Participants coming into contact/colliding with Spectators;
10.4.2. Spectators coming into contact/colliding with natural and man-made obstacles and structures as well as different types of terrain and naturally occurring circumstances including, but not limited to uneven terrain, structural instability, landslides, tree and branch-fall and rock falls;
10.4.3. erratic or inappropriate behaviour by Participants and/or other Spectators; and
10.4.4. varying weather conditions (including, but not limited to, extreme heat/cold, ice, snow, win, rain and/or fog).
10.4.5. Not to bring dogs or any other pets onto the site as it is shared with local wildlife.
10.5. Whilst attending an Activity, Spectators are required to:
10.5.1. adhere to any Spectator Event rules that are presented to them;
10.5.2. exercise reasonable care and attention whilst spectating at an Activity;
10.5.3. demonstrate appropriate behaviour to all Participants, other Spectators and Forest Facility staff members at all times;
10.5.4. refrain from causing any obstruction to any Activity or to any Participants and to ensure that they stand in a suitable and safe location to ensure compliance with this requirement; and
10.5.5. wear appropriate clothing and footwear, which is suitable for the conditions of the Activity.
10.6. Forest Facility shall not be liable for any Losses sustained by any Spectator which arise out of that Spectator’s attendance at the Forest Facility site (except where they arise out of our negligence).
11. Forest Facility Refund and Transfer Policy and Process
11.1. Once you have made a purchase and reserved your place on an Activity, your purchase will be non-refundable. However you will benefit from Forest Facility’s Transfer Process should you not be able or wish to attend the chosen Activity. Your eligibility to transfer your Activity through the Forest Facility Transfer Process is conditional and subject to the restrictions set out below. The Transfer Process has been designed to allow you to choose from any one of the following, for any reason, at minimal cost to you:
11.1.1. changing the Activity you are participating in;
11.1.2. having the cost of your Participation Fee credited and a Forest Facility e-voucher issued to you.
Note 1: Forest Facility e-vouchers will be issued by e-mail containing your unique voucher code and are valid for a year from the date of issue. Their value will be equal to your original Event Participation Fee (for the avoidance of doubt, this will not include any administration fees previously paid, GPS or other sundry charges, any charity donations paid as part of the entry process or any money spent on optional extras such as transport or accommodation). Your Forest Facility e-voucher is transferrable to a third party, who may use it towards participation in an Activity of their choice (provided that Activity on their chosen date is available whilst your Forest Facility e-voucher remains valid and provided they possess the level of fitness required for their proposed Activity).
Note 2: you will have the option to purchase Event cancellation protection via the Refund Protect Scheme (independent from us) when you purchase your Event Voucher. We recommend that you take out this protection as it will allow you to claim a cash refund if you cannot participate in an Activity due to a qualifying reason under their terms of purchase. The premium for cancellation protection under the Refund Protect Scheme is non-refundable (for any reason) and must be paid in full. If, you chose to pay for your Activity booking by instalments and cancel for any reason, you will still be required to pay any remaining balance due on the premium in full to us.
11.2. Your eligibility for the Activity Transfer Process is dependent on the price of your Activity and you must make your transfer request in writing to Forest Facility Customer Service within the following timeframes:
11.2.1. if your purchase booking value is less than £100 (per person), you must make your transfer 1 calendar month before the Activity start date; and
11.2.2. if your purchase booking value is £100 or over (per person), you must make your transfer 12 clear weeks before the Activity start date.
Note 1: if you request to transfer outside of the deadlines stipulated in this paragraph 11.2, the options available to you will be to either (i) continue to participate in your original Activity reservation or (ii) cancel your Activity reservation and forfeit all monies paid to date.
11.3. When you request a transfer under the Forest Facility Transfer Process, you will be charged an administration fee before your transfer is approved/processed.
Note 1: if you transfer to an Activity that is more expensive than your original purchase, you will be required to pay any difference in price.
Note 2: we will have no responsibility for any services booked independently from us or for any third party costs, expenses or losses incurred by you as a result of you transferring your Forest Facility reservation (including, but not limited to, travel costs, accommodation, insurance premiums and/or hire services).
11.4. For further information on the Forest Facility Transfer Process please visit forestfacility.com/transfer-policy.
12. Activity Non-Attendance
12.1. If you fail to attend on the day of the Activity, or if you fail to adhere to the stipulated requirements of participation on arrival at the Forest Facility site*, you are deemed to have unilaterally cancelled your entire Activity Participation and you will not be entitled to a refund of your Activity Participation Fee. In these circumstances, you will not be entitled to use the Forest Facility Transfer Policy to participate in any other future Forest Facility Activity.
*You will be deemed not to have adhered to the stipulated requirements of participation if (1) you are asked and fail to produce your photo ID at registration on the day of the Activity, (2) you fail to bring the mandatory Event equipment (as advised by Forest Facility in line with the stipulated timelines given in this Agreement) or (3) Forest Facility (for your own safety) on the day of the Activity deems in its reasonable opinion that your physical fitness level is insufficient to allow you to take part safely in the Activity. You accept that where either or both of points (2) and (3) above of this paragraph apply, the Forest Facility supervisor’s decision on whether you are allowed to participate in the Activity shall be final.
13. Your Behaviour
13.1. When you book an Activity, you are responsible for your conduct whilst participating in the Activity. We reserve the right at any time to refuse or curtail your Participation in an Activity if, in our reasonable opinion, your behaviour has or is likely to cause danger, upset, distress to you, any other Participant, Spectator, staff member or to property. If we exercise our rights under this paragraph, you will not be entitled to a refund from us. We will also not be liable to you for any compensation or for any third-party costs, expenses or losses (including, but not limited to, travel costs, accommodation and/or hire services) incurred by you as a result of your removal from an Activity under this paragraph 13.
13.2. If you cause damage to any property (intentional or otherwise), you will be responsible for the cost of this damage and you agree to fully indemnify us for the full amount of any losses, damages, compensation, claims, costs and expenses (including all legal costs and expenses) made against us by the property owner or by any third party.
14. Film & Photography Rights
14.1. During the online booking process, we will request your consent for you to agree on your behalf and on behalf of any other Participants included in your booking that any Imagery of you taking part in the Activity and any publicly available biographical material of you may be used by us, or our third party commercial partners, for reproduction in any publication, presentation, footage of the Activity, sales, publicity of the Activity, related promotional material or marketing communication (including email or any other electronic communication) without limitation, throughout the world, and without charge. This consent is imperative to our work and we cannot operate the Activity without it, therefore it is a key condition of your participation. To the extent necessary, you agree to license us (on a non-exclusive basis) to use any such Imagery in whole or in part, without restriction, for any and all such or related purposes described in this entire paragraph 14.
Note: we will not require your consent for any photographs, videos/films, sound and/or media recordings taken of crowds where they do not identify your Imagery, since they are not considered to be personal data.
14.2. You agree to bring this entire paragraph 14 to your entire party’s attention before making your purchase. Nothing in this entire paragraph 14 shall, however, prevent you or any of your party from contacting us to withdraw your consent for processing your Imagery at any time. For the avoidance of doubt, this paragraph 14 should be read in conjunction with paragraph 15 (Data Protection).
14.3. Where you have consented to our using of your Imagery, you agree that we have sole discretion to use (or refuse to use) this. You also agree that we may use or edit such Imagery at our sole discretion.
14.4. To the extent permitted by law, you expressly waive any claims against us (including our directors, officers, agents, employees, consultants, licensees and assignees) in relation to any issues concerning the invasion of privacy, defamation or any other cause of action whatsoever arising out of the production, distribution, sale, broadcast or exhibition of you Imagery for the purposes outlined in paragraph 14.1 whilst your consent to use your Imagery/publicly available biographical material remains valid.
14.5. If you wish to engage a third party for the purpose of commercial filming, photography and/or collecting Imagery of you at the Activity, you must request our written consent prior to your participation in the stipulated Activity.
14.6. You are welcome to take photographs, film footage and create imagery of your participation in the Activity for non-commercial purposes (that is for personal and private use only). No written permission is required for the publication of personal images on social media sharing websites such as Facebook and Instagram.
14.7. You are NOT permitted to reproduce or use photographs, film footage or Imagery of the Activity taken by you for any commercial purpose (including, but not limited to, on websites, in any printed media or matter or in any television programme) without first obtaining our prior written consent.
14.8. Where paragraphs 14.5 – 14.7 apply, you agree to make all Imagery obtained by you available for us to use, without charge, for the uses outlined in paragraph 14.1. We shall, in our sole discretion, decide whether or not to use the Imagery for these purposes. Your right to withdraw your consent to our using your Imagery shall apply equally to Imagery obtained by you.
14.9. To the extent permitted by law, you agree to assign (by way of present assignment of future copyright) to us all rights, title and interests in the world-wide copyright and all intellectual property rights in such reproduced or used photographs or footage together with exclusive world-wide rights of exploitation where it is necessary in order for us to use your Imagery for the uses set out in paragraph 14.1.
15. Data Protection
15.1. In order to reserve your place on your chosen Activity and to provide the services included in your purchase, the personal data that you provide to us when you make your online purchase (including sensitive data, data relating to minors, your name, passport details, address and dietary requirements) will be passed to our suppliers (including accommodation providers and transport companies) and/or other organisations, where necessary, to ensure the provision of your purchased arrangements. This means that this personal data may also be provided to public authorities if required by them, or as may be required by law. In the absence of passing this personal data as described in this paragraph 15.1, it will not be possible for your Activities/services to be arranged.
15.2. We have security measures in place to protect your personal data. We will only pass sensitive personal data (including, but not limited to, data relating to your health) to people/suppliers who are responsible for your purchased arrangements and or the performance of services included in your purchased Activities and where we have your prior consent to do so.
16.1. If you have a complaint regarding your Event/Acticity, you must bring this to the attention of a member of the Forest Facility team without undue delay who will try to solve the issue for you. If your complaint cannot be resolved during the Event, you must send a written complaint to Forest Facility Customer Service at email@example.com as soon as possible and no later than 28 days after the end of your Activity, so that we can investigate fully.
16.2. If you do not follow the complaints procedure set out in this paragraph 16, we will be denied the opportunity to investigate and resolve your complaint and this may affect your rights under the Contract.
Note: if, for any reason, you issue a chargeback via your payment card provider, we reserve the right to defend this vigorously where any defence is available to us and we reserve the right to re-charge any fees for unauthorised or illegitimate chargebacks to you. You agree not to issue a chargeback before you have raised a complaint with us first and allowed us sufficient time to respond to you. If, for any reason, you issue a chargeback whilst we are investigating a complaint on your behalf, you agree to indemnify us for any additional costs (or duplicate costs) that the chargeback process incurs and if, for any reason, you are compensated for the same complaint twice.
17. COVID-19 and Similar Contagions
17.1. Whilst efforts have been being made across the world by local governments, authorities and health authorities to minimise the spread of COVID-19, there remains a risk that you, or any member of your booking, may be exposed to and/or contract this virus (or similar contagion) at any time before, during or after your participation in an Activity if you come into contact with an infected person(s). We work with our suppliers to ensure that they have implemented systems to follow local guidance/measures and have response strategies in place to offer the best available protection for our customers. Irrespective of measures being taken, due to the nature of this virus (and contagions of a similar nature) it is not possible to completely eradicate the risk of contracting it.
17.2. It is important that you are aware of these risks before you book with us, so that you can proactively decide whether a particular Activity is suitable for you/your party. We also recommend that you discuss any health concerns/conditions that you or any member of your party may have with your GPs before booking with us.
17.3. If you chose to accept the risks outlined in this entire paragraph 17, please ensure that any insurance policy you have in place (as stipulated in paragraph 4) also covers the costs of your medical treatment, cancellation, curtailment, repatriation and associated costs, each to the extent required for your chosen Activity, should you contract COVID-19 (or similar contagion).
Changes to Facilities/Itineraries
17.4. The effects of COVID-19 (or other similar contagion or associated restrictions, events and government/public authority actions) may mean that travel to/from the Forest Facility site, as well as certain services and facilities at destination or included in your Activity, may be affected and/or different to those normally expected, sometimes with little or no advanced notice. Examples of this include, but are not limited to:
17.4.1. quarantine restrictions introduced in the UK/your home country or abroad;
17.4.2. requirements to wear protective clothing such as face masks;
17.4.3. disruption of travel, such as inability to board carriage due to you presenting symptoms of illness, changes to facilities at airports/ports/terminals, short notice change of carriers/flights and changes/adjustments to transfers that you may have arranged;
17.4.4. restriction or closure of accommodation facilities and services including, but not limited to, where this is due to an outbreak of COVID-19 (or similar contagion), social distancing requirements or similar (e.g. closure of buffet functions, gyms and other communal areas, restricted numbers for events/classes made available by your accommodation provider), lower levels of staff present, changes to menus/products usually made available due to a shortage of suppliers/the non-availability of products and the introduction of having to book meals and other services in advance;
17.4.5. restriction or closure of local facilities; and
17.4.6. being required to adhere to social distancing requirements and limiting contact to participants within your booking.
It therefore may be necessary for us to make changes to your Activity either before its start date or during your participation with little or no notice in these circumstances. We reserve the right to deviate from your original Activity course/itinerary or to make changes to the same where it is necessary to do so to ensure your safety. We will not have any liability to you in these circumstances.
19. Changes & Cancellations Made by You
19.1. Activities once reserved are non-refundable. This means that once you have a confirmed Activity reservation it will not be possible to make any changes to it (but note paragraph 19.3 below).
19.2. If you wish to cancel your reservation, for any reason, the Lead Participant must make a request in writing to Forest Facility Customer Service. Where you choose to cancel, you will not be entitled to a refund of your Participation Fee
(but note paragraph 19.3 below).
19.3. Notwithstanding paragraphs 19.1 – 19.2, you may alternatively transfer your reservation provided you satisfy the Forest Facility Transfer Process requirements set out in paragraph 11.
20. Changes & Cancellations Made by Us
20.1. If we have to make a change to your Activity, we will notify you of this as soon as possible. Changes may include, but are not limited to, changes to the course (including its route and/or distance) and/or changes to the start time provided the Activity still runs on your original selected date. Where we make any of the changes mentioned in this paragraph 20.1, you will not be entitled to a refund of your Participation Fee.
20.2. We reserve the right to change the date of your Activity. If you are unable to participate on the re-scheduled date, you must let us know as soon as possible. You will be entitled to use the Forest Facility Transfer Process referred to in Paragraph 11, which includes requesting an e-voucher to use for an alternative Activity (for the avoidance of doubt, in these circumstances the transfer administration fees will not apply). Or you may apply for a refund of monies paid minus transaction and administration fees.
20.4. If we have to cancel an Activity in advance of it taking place, you can transfer your Participation Fees and/or associated purchases under the Forest Facility Transfer Policy in paragraph 11 (which includes the option to convert your Event Participation Fees into a Forest Facility e-voucher) without any transfer administration fees. You may also apply for a refund of monies paid minus transaction and administration fees.
20.5. Forest Facility’s activities are clearly marketed as adventurous, and this concept involves an element of uncertainty in the circumstances the Activity may face in its delivery. If an Activity is cancelled or postponed due to Force Majeure, we reserve the right to issue you a Forest Facility e-voucher, which will be equal to the value of the Event Participation Fee paid.
21. Our Responsibilities
21.1. We will arrange your Activities exercising reasonable skill and care, but you accept that Activities carry inherent risks and hidden hazards, which we shall not be responsible/liable for.
21.2. We have a duty to select any third-party suppliers that we contract with to provide services at the Activity including, but not limited to, Event medics, caterers, specialist activity staff and others with reasonable skill and care.
21.3. Where you purchase accommodation (or any other optional services such as camping/campervan/caravan tickets for pitches) separately to your Activity purchase from us, we act as agent for those suppliers only. We will have no liability for the performance of these services and your contract will be with the supplier direct.
Note: pitches for camping, campervans and caravans may be in remote and un-serviced locations and you accept that they carry their own inherent risks.
21.4. We shall have no liability to you for any Losses arising out of your Participation in an Activity, except where we have been negligent. Where we are found to be negligent under this paragraph 21, we limit our liability to the Participation Fee you have paid, except in the case of liability for death or personal injury.
21.5.1 Forest Facility have a stringent safety policy throughout all Activities and at all times act in the best interests of Participants.
21.5.2 Accommodation used by Forest Facility (where applicable) is researched and checked; however, Forest Facility cannot be held liable for the performance of services provided by any given accommodation provider.
22. Law & Jurisdiction
Your contract with Rat Race Events is governed by English Law and any dispute so arising shall be brought before the courts in London.
The Organiser’s registered office and correspondence address is:
FOREST FACILITY LTD, 36 WISBECH ROAD, THORNEY, PETERBOROUGH, CAMBRIDGESHIRE, PE6 0SB, ENGLAND. Company registration number 10713934.
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