San Francisco Booking Terms and Conditions
Bloomberg Square Mile Relay San Francisco 2018
Booking Terms and Conditions
By completing and submitting an Online Booking Form, the Customer agrees with LeadDog Marketing Group,Inc. (“LeadDog”), the event organiser, that they have read and agreed to be bound by these terms and conditions (the “Terms”).
1. Definitions and Interpretation
1.1. The words and expressions set out herein shall, save where the context otherwise requires, have the following meanings in these Terms:
|“Agreement”||means the agreement entered into by the Event Organiser and the Customer, comprising the relevant Online Booking Form, the subsequent Online Confirmation and these Terms;|
|“Customer”||means the individual responsible for completing the relevant Online Booking Form;|
|“Event”||means the 10-mile relay race organised by the Event Organiser and known as the “Bloomberg Square Mile Relay” to be held on the Event Day in the City of San Francisco;|
|“Event Day”||means 2 August 2018 or such other date as may be advised by the Event Organiser;|
|“Event Fee”||means the total fee for the Event, as detailed on the Online Event Form and payable by the Customer upon completion and submission of the Online Event Form;|
|“Event Organiser”||means LeadDog Marketing Group, Inc ("LeadDog"), a New York corporation with an address of 440 Ninth Avenue, New York, NY 10001;|
|“Event Partners”||means those third parties who are official Event partners, sponsors and/or suppliers, including, but not limited to, Metro Shore Services Pier 27 (3806 Worsham Ave, Long Beach, CA 90808) and those third parties who are official Metro Shore Services affiliates, parents, and subsidiaries;|
|"Guests"||means the individuals for whom the Customer purchases the Hospitality Package, the number of which is set out in the Online Hospitality Confirmation;|
|"Hospitality Fee"||means the total fee payable for the Hospitality Package, as detailed on the Online Hospitality Form and payable by the Customer upon completion and submission of the Online Hospitality Form;|
|"Hospitality Package"||means the hospitality package chosen by the Customer on the Online Hospitality Form and confirmed on the Online Hospitality Confirmation;|
|“Online Booking Form”||means the Online Event Form and/or the Online Hospitality Form on the Website;|
|“Online Confirmation”||means the Online Event Confirmation and/or the Online Hospitality Confirmation;|
|“Online Event Confirmation”||means the e-mail confirmation sent by the Event Organiser to the Customer at the e-mail address provided by the Customer on the Online Event Form confirming the Customer's registration for the Event;|
|“Online Event Form”||means a registration form provided by the Event Organiser and completed and submitted by the Customer on the Website in order to participate in the Event;|
|“Online Hospitality Confirmation”||means the e-mail confirmation sent by the Event Organiser to the Customer at the e-mail address provided by the Customer on the Online Hospitality Form confirming the Customer's registration for the Hospitality Package;|
|“Online Hospitality Form”||means a registration form provided by the Event Organiser and completed and submitted by the Customer on the Website in order to purchase the Hospitality Package at the Event;|
|“Participant”||means a participant entered by the Customer in the Event;|
|“Participant Team”||means a team consisting of a minimum of eight (8) and a maximum of ten (10) Participants of which a minimum of eight (8) are employees from the company registering; If a corporation has less than 20 employees, they are able to group together with one other company in order to form a team, but at least four (4) employees from the registered corporation must still participate in that team.|
|“Venue”||means the area designated by the Event Organiser as the Event race course, or such other area as the Event Organiser may select; and|
|“Website”||means the website at URL: https://www.squaremilerelay.com/san-francisco|
1.2. Unless the context otherwise requires words denoting the singular shall include the plural and vice versa and words denoting any one gender shall include all genders and words denoting persons shall include bodies corporate, unincorporated associations and partnerships.
1.3. References to any statute shall include references to such statute as it may after the date of this Agreement from time to time be amended, supplemented or re-enacted.
1.4. Any reference to a Clause shall be deemed to be a reference to a clause of this Agreement.
1.5. The headings in this Agreement are inserted for convenience only and shall not affect its construction.
1.6. The words “include(s)” or "including" are not to be treated as a word of limitation.
1.7. In the event of conflict between the terms of the relevant Online Booking Form and the subsequent Online Confirmation, the terms of the Online Confirmation shall prevail. In the event of conflict between the terms of either the relevant Online Booking Form or the subsequent Online Confirmation and these Terms, these Terms shall prevail.
2. Event Registration
2.1. Only persons aged 18 years or above on the Event Day may be registered for or participate in the Event.
2.2. To register a Participant Team for the Event the Customer must complete the Online Event Form and pay the Event Fee in accordance with Clause 3 below. All requests to register for the Event are subject to acceptance by the Event Organiser, and such acceptance will be confirmed to the Customer by the Event Organiser transmitting the Online Event Confirmation to the Customer.
2.3. The Customer will only receive an Online Event Confirmation after a validly completed Online Event Form has been received by the Event Organiser and the Event Fee has been received in cleared funds or invoiced in exceptional circumstances (approved on a case-by-case basis). Online Event Forms will not be accepted once the Event has reached its full capacity of Participant Teams or as otherwise determined by the Event Organiser at its absolute discretion.
2.4. The Event Organiser is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer/internet transmissions or other errors or malfunctions of any kind which may prevent receipt by the Event Organiser of an Online Booking Form or by the Customer on an Online Confirmation.
2.5. Registration is only open to corporations and a minimum of eight (8) runners in each team must be employed by the corporation entering a team in the race. If a corporation has less than 20 employees, they are able to group together with one other company in order to form a team, but at least four (4) employees from the registered corporation must still participate in that team.To qualify for the Mixed Team category, a team must comprise of at least one male runner and a minimum of four different female runners, who each need to complete one lap of the one-mile course - the rest of the team can be filled with runners of either gender.
2.6. All Participants and Participant Teams must comply with all race rules, which include, but are not limited to, those listed below:
2.6.1. Every Participant Team must complete 10 laps of the designated 1 mile (1.6km) course.
2.6.2. The minimum number of Participants per Participant Team is 8 - in this situation, 2 Participants will need to run another lap each in order for the Participant Team to complete all 10 laps.
2.6.3. A minimum of 8 Participants in each Participant Team must be employed by the corporation entering into the race. If a corporation has less than 20 employees, they are able to group together with one other company in order to form a team, but at least four (4) employees from the registered corporation must still participate in that team.
2.6.4. A Mixed Participant Team will need to consist of at least four female Participants and at least one male Participant – the rest of the Participant Team can be filled with either gender.
2.6.5. Each Participant is required to display their bib number clearly throughout the race on the front of their t-shirt or vest.
2.6.6. There can only be one Participant per Participant Team on the course at any given time.
2.6.7. Should any Participant wish to walk instead of run during their lap, always keep to the side of the course to prevent blocking other Participants.
2.6.8. Passing of batons can only be done in the transition area opposite the race pens.
2.6.9. Participants can only pass the baton by hand to their Participant Team members - throwing, rolling or kicking the baton is not allowed.
2.6.10. After handing the baton to their Participant Team member, the Participant must immediately move into the Finish Area. The last Participant must return their Participant Team baton to staff in the finish area.
2.7. The Event Organiser has the right to refuse entry to any team at their sole discretion if any rules are not adhered to and/or disqualify them from the race following the event, and has the right to withhold entry fees if race rules have been contravened.
3.1. In consideration of the provision of participation places for the Participant Team in the Event, the Customer agrees to pay the Event Fee in the amount and manner specified in the Online Event Form.
3.2. In consideration of the provision of the Hospitality Package at the Venue, the Customer agrees to pay the Hospitality Fee in the amount and manner specified in the Online Hospitality Form.
3.3. The Customer acknowledges and agrees that their obligation to pay the Event Fee and/or the Hospitality Fee in its entirety to the Event Organiser arises upon submission of the relevant completed Online Booking Form.
3.4. Payment of the Event Fee and/or the Hospitality Fee will be taken when the Customer completes and transmits the relevant Online Booking Form through the secure online payment facility.
3.5. The Hospitality Fee shall not, for the avoidance of doubt, include any additional amounts which may be payable by the Customer, the Participants or any Guests for hospitality services purchased at the Event.
3.6. In the event that for any reason the Customer's completed Online Booking Form is not accepted, the Event Organiser will use reasonable endeavours to refund any payment received from the Customer as soon as reasonably practicable.
3.7. The Event Organiser accepts no responsibility for currency conversion fees and cross border fees or other bank charges imposed by the customer’s bank in addition to the stated race fee. These fees are applied by banking institutions entirely and are in no way applied by either STG (the payment gateway) or the Event Organiser. The application of the fees may vary between individual banking institutions, as each has their own policies and discretion in relation to the treatment of such fees, but in all cases the Event Organiser will not refund any of these additional charges over and above the race fee.
4. Cancellation, Amendment and Refusal of Entry
4.1. No refunds shall be provided in the event that:
4.1.1. A Participant Team or any Participant fails to take part in the Event; or
4.1.2. the Customer or the Guests fail to utilize the Hospitality Package for any reason whatsoever, save in exceptional circumstances, as determined by the Event Organiser at its absolute discretion, which, for the avoidance of doubt, shall not include oversight of diary commitments or failure to acknowledge the full Event scheduling or holidays.
4.2. The Event Organiser reserves the right to:
4.2.1. Change the time, date, venue and format of the Event or cancel, delay or postpone the Event, in whole or in part, without liability to the Customer, subject to the notification by the Event Organiser of any such change on the Website and via e-mail to each Participant Team captain; and
4.2.2. refuse any Participant's entry to the Event or disqualify any Participant from the Event in the event that the Participant is;
18.104.22.168. not wearing the assigned official Event race number;
22.214.171.124. ineligible to participate in the Event (or if participation in the Event should have been refused for any reason);
126.96.36.199. participating in the Event without having accepted the injury waiver and release conditions set out in Clause 7.2.10;
188.8.131.52. found to have consumed or to have in his possession any drugs, illegal substances, performance enhancing substances or intoxicants of any kind; or
184.108.40.206. in the reasonable opinion of the Event Organiser, in breach of these Terms.
4.2.3. For the avoidance of doubt, the Event Fee shall not be refundable or transferable following the occurrence of any of the events set out in this Clause 4.2 save for the cancellation of the Event for any reason whatsoever, in which case a full refund (less 10% for administration costs and any Hospitality Fee) shall be payable. The Event Organiser has no liability for any costs or expenses that may be incurred by a Customer or Participant as a result of the occurrence of any of the events set out in this Clause 4.2.
4.3. It is the Customer’s responsibility to check the particulars of the relevant Online Confirmation. In order for any errors to be rectified, they must be notified to the Event Organiser within seven (7) days of receipt of the relevant Online Confirmation.
5. The Event
5.1. Within the final one (1) week prior to the Event, the Event Organiser will provide the Customer with a race pack containing the following:
5.1.1. Event-related information;
5.1.2. an official Event race number for each Participant; and
5.1.3. hospitality vouchers for each Participant as included in their entry fee.
5.2 The Event Organiser will take reasonable steps to assess the safety and suitability of the Event location prior to the Event.
5.3 A limited supply of water and an appropriate number of first aid and medical personnel will be made available by the Event Organiser at the Event for the benefit of the Participants.
5.4. Participant Teams’ official running times at the Event can only be recorded via the timing chip contained in the official Event race baton provided to each Participant Team.
6. The Hospitality Package
6.1. Within the final one (1) week prior to the Event, the Event Organiser will provide the Customer with vouchers or wristbands and other documents relating to the Hospitality Package.
6.2. Lost vouchers or wristbands can be replaced by the Event Organiser if the Customer provides a minimum of three (3) working days' notice. An administration fee of $10 per replacement voucher or wristband will be charged to the Customer.
7. Customer and Participant Obligations
7.1. The Customer hereby confirms that they are authorized to enter into this Agreement on behalf of each Participant and that they will provide each Participant with a copy of these Terms in advance of the Event.
7.2. By entering into this Agreement, the Customer and each Participant acknowledge and agree as follows:
7.2.1. to abide by the rules, instructions and regulations published and displayed from time to time by the Event Organiser or given on the day of the Event by race marshals, officials and/or police;
7.2.2. the official Event race number is personal to the Participant Team and accordingly, each Participant agrees:
220.127.116.11. to wear the official Event race number assigned to the Participant Team; and
18.104.22.168. not to authorize or permit any third party to use the Participant Team official Event race number for the Event without the prior written consent of the Event Organiser;
7.2.3. not to bring to the Event, or whilst participating in the Event use, any drugs, illegal substances, performance enhancing substances or intoxicants of any kind;
7.2.4. that the Event Organiser reserves the exclusive right and royalty-free licence throughout the world (and, the Participant hereby grants the Event Organiser such exclusive right and licence) to interview and/or photograph and/or film Participants at the Event (or subsequent to the Event as the Event Organiser may reasonably require) and to the unlimited use in perpetuity in all current and future media (including print, audio, audio visual, virtual media, the Internet, mobile telephony and so-called "4-G" and “LTE” technologies, CD-ROM or DVDs) of the Participant's name, likeness and image or facsimile image, signature, voice, video and film portrayals and other means of identification of the Participant, and any biographical or other information or data related to the Participant (including race times and results), in connection with the production, advertisement, marketing or promotion of the Event;
7.2.5. that any medical information provided by a Participant or the Customer on behalf of a Participant in relation to the Event may be used to treat or otherwise assist the Participant as a result of illness or injury at the Event;
7.2.6. that the Event Organiser shall be under no obligation whatsoever to process, analyze, or otherwise take action on, any medical information provided by a Participant or the Customer on behalf of a Participant;
7.2.7. to inform the Event Organiser of any change in their medical condition from the date of the Online Event Confirmation up to and until the Event Day;
7.2.8. that medical personnel (both on-site or on-call) are hereby authorized to administer first aid treatment or any medical treatment to the Participant and transport them in the event of any illness, accident or injury suffered by the Participant in connection with their participation in the Event;
7.2.9. the Participant will be responsible for any medical or transport expenses incurred in connection with any illness, accident or injury sustained or occurring in connection with participation in and/or attendance at the Event; and
7.2.10. that participation in and training for the Event involves potentially dangerous physical activity and inherent risks and dangers of accidents, personal injury (including death) and loss or damage to property. The Participant represents that the Participant is healthy and fit to run, they understand and have considered and evaluated the nature, scope and extent of the risks involved, and voluntarily and freely choose to assume these risks (except where any such personal and bodily injury, including death, is caused by the gross negligence of the Event Organiser or any of its agents, officers or employees).
7.3. The Customer and each Participant hereby represent to the Event Organiser as follows:
7.3.1. that they will (and where applicable will procure that the Guests will) comply with any directives and guidelines issued by the Event Organiser, including any terms and conditions relating to the Hospitality Event; and
7.3.2. that the Hospitality Package, vouchers or wristbands relating thereto and any other items supplied by the Event Organiser shall not be sold or transferred.
8. Indemnity and Limitation of Liability
8.1. The Event Organiser shall not be held liable for any act or omission by any person not employed directly by the Event Organiser.
8.2. The Customer hereby agrees to irrevocably indemnify and hold harmless, and reimburse the Event Organiser from and against all liabilities, claims, actions, proceedings, loss, damage, costs or expenses (including legal and professional fees) suffered or incurred by the Event Organiser in connection with any accident, loss, damage or injury arising from a Participant's attendance at, participation in, or training for, the Event and/or the attendance by any Guests at the Venue.
8.3. Subject to Clause 8.10, the Event Organiser will not be liable in any way to a Participant as a result of any failure of the technology in the timing chip contained in the official Event race baton.
8.4. Subject to Clause 8.10, the Event Organiser will not be liable to the Customer or any Participants or Guests in contract, tort (including, without limitation, negligence) or otherwise in connection with the Event for loss of revenues, profits, contracts, business, anticipated savings, data, goodwill or reputation or for any special, indirect or consequential losses.
8.5. Subject to Clause 8.10, the Event Organiser's total liability shall in any event be limited to the amount of the Event Fee (less 10% for administration costs) and any Hospitality Fee (less 10% for administration costs) paid.
8.6. The Event Organiser 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 by each Participant. Each Participant is advised to obtain such insurance themselves.
8.7. Subject to Clause 8.10, the Event Organiser will not be liable in any way for any loss or damage suffered by the Customer or the Guests howsoever caused resulting from any element of the Hospitality Package not being available to the Customer or the Guests.
8.8. The Event Organiser shall have no responsibility for any property or personal effects left at the Venue or deposited with employees of the Event Organiser by the Customer, the Participants or the Guests.
8.9. Without prejudice to clause 8.2, the Customer represents and agrees that it will irrevocably indemnify the Event Organiser in respect of any damage accidentally, intentionally or negligently caused by the Customer, the Participants or the Guests to any property belonging to or in the control of the Event Organiser (including the Venue). In the event that such damage does occur, the Customer shall, within seven (7) days of the Event Organiser's letter outlining the damage to be remedied, ensure payment of any costs arising from such damage.
8.10. Nothing in the Terms shall affect the Event Organiser's liability:
8.10.1. for death or personal injury resulting from the gross negligence of the Event Organiser or a deliberate act or omission of the Event Organiser, its employees or agents;
8.10.2. for breach of statutory duty;
8.10.3. for fraud or fraudulent misrepresentation; or
8.10.4. to the extent that liability cannot be excluded or limited by law.
8.11. Nothing in these Terms shall affect any statutory rights to which the Participant may be entitled to as a consumer.
9. Data Protection
9.1. The Event Organiser confirms that the personal information of each Participant provided by the Customer on the Online Event Form will be stored and processed in accordance with the provisions of the Data Protection Act 1998.
9.2. Subject to Clause 9.3., a Participant may be contacted by the Event Organiser or Event Partners by US mail, e-mail, sms or telephone in accordance with these Terms.
9.3. Any “Personal Data” (as defined in the Data Protection Act 1998) provided by a Participant or the Customer on behalf of a Participant will be held on a secure web database and used solely in connection with the Event. By entering into this Agreement and taking part in the Event, each Participant hereby consents to the sharing of their Personal Data with the Event Partners, principally for the purposes of facilitating their full participation in the Event. Such Personal Data shall not be distributed to third parties other than the Event Partners without receiving the Participant’s prior consent. Such Personal Data will only be disclosed to a third party other than the Event Partners without prior consent when the Event Organiser believes such disclosure to be required by law or regulation or to be necessary to defend the rights of the Event Organiser or the safety of the public or other Participants.
9.3. If following the Event, or in the event that a Participant no longer wishes or is unable to participate in the Event, a Participant no longer wishes to be contacted by the Event Organiser and/or Event Partners, the Participant may opt out from receiving such communications from the Event Organiser and/or Event Partners by updating their preferences via e-mail.
9.4. Each Participant has a right to ask for a copy of the Personal Data which the Event Organiser holds on them (for which the Event Organiser may make a small charge) and to correct any inaccuracies. If a Participant would like to make such a request please contact the Event Organiser at [email protected]
9.5. If the Customer or any Participant has any questions about the Event Organiser's use of the Participants' Personal Data, please contact the Event Organiser at [email protected]
10.1. The Event Organiser shall not be liable to the Customer, the Participant or any Guests or be deemed to be in breach of the Agreement by reason of any delay in performing, or any failure to perform, any of the Event Organiser's obligations in relation to the Event if the delay or failure was due to any cause beyond the Event Organiser's reasonable control. Without limiting the foregoing, the following shall be regarded as causes beyond the Event Organiser's reasonable control:
10.1.1. act of God, explosion, flood, abnormally inclement weather, tempest, fire or accident;
10.1.2. war or threat of war, sabotage, insurrection, civil disturbance or requisition;
10.1.3. acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
10.1.4. import or export regulations or embargoes;
10.1.5. strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Event Organiser or of a third party);
10.1.6 difficulties in obtaining raw materials, labor or similar.
10.2. Where the items referred to in Clauses 5.1 and 6.1 above are posted to the Customer, the risk in the goods shall pass to the Customer upon the items being posted to the address given by the Customer. The Event Organiser shall not be liable for any loss, damage or cost arising from the delivery or non-delivery of such items.
10.3. The details of the Event shown in any material supplied by the Event Organiser to the Customer are correct at the time of printing but the Customer shall be responsible for checking with the Event Organiser that no alterations have been made.
10.4. This Agreement and the Release and Waiver constitute the entire agreement between the Event Organiser and the Customer with respect to its subject matter, and shall supersede any and all prior agreements, representations or understanding between the parties, whether written or oral.
10.5. If any provision of the these Terms (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall apply with the minimum modification necessary to make it legal, valid and enforceable and the validity and enforceability of the other provisions of the Agreement shall not be affected.
10.6. Nothing in this Agreement shall be deemed to constitute a joint venture, partnership or relationship of agency or employment between the parties.
10.7. No term, condition or provision of this Agreement shall be enforceable by a person who is not a party to it.
10.8. The granting by any party of anytime or indulgence in respect of any breach of any term of this Agreement by the other shall not be deemed a waiver of such breach and the waiver by any party of any breach of any term of this Agreement by the other shall not prevent the subsequent enforcement of that term and shall not be deemed a waiver of any breach.
10.9 The Customer shall not assign this Agreement without the prior written consent of the Event Organiser.
This Agreement shall be construed in accordance with the substantive laws of the State of California. By execution of this Agreement, the Parties consent to submit to the jurisdiction of the courts of the State of California, San Francisco County, City of San Francisco and the federal courts located within the City of San Francisco.