Splat Quack GO Participant Waiver and Course Rules
By entering into any events by Splat Quack GO, trading as UKGE Limited, you automatically agree to the participant waiver and course rules outlined below. If you do not agree with any of the below, SIMPLY DO NOT ENTER INTO OUR EVENTS and go to someone else’s. Refer to Mudstacle.com for a list of other events.
ASSUMPTION OF RISK, LIMITATION OF LIABILITY AND INDEMNITY AGREEMENT
Please read the below before agreeing to take part in any of our events. It is a legal document and does have legal consequences and it will affect your legal rights and limit your ability to bring future legal actions.
Definitions and Interpretation
“Claim(s)” means all claims and actions for losses, costs, expenses and damages, including legal fees and related expenses;
“I /me/my/Participant” is you, who will be a participant in the Splat Quack GO event and has signed this Agreement below;
“Venue” is the venue we are holding the event at;
“Inherent Risks” are described below in the paragraph headed “Assumption of Inherent Risks”;
Released Parties are together Splat Quack GO and its affiliates and its and their respective directors, officers, employees, agents, contractors, insurers, spectators, equipment suppliers, and volunteers – everyone associated with Splat Quack GO; VENUE and its directors, officers, employees, agents, contractors, insurers, equipment suppliers, and volunteers – everyone associated with the VENUE; all Splat Quack GO event sponsors, organisers, promoters, directors, officials, property owners, and advertisers; governmental bodies and/or municipal agencies whose property and/or personnel are used; and any or all parent, subsidiary or affiliate companies, licensees, officers, directors, partners, board members, supervisors, insurers, agents, equipment suppliers, and representatives of any of the foregoing.
Releasing Parties are together my spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else bringing a Claim against Splat Quack GO or the Released Parties on my behalf.
“Splat Quack GO” is the event organised by UKGE Limited that is taking place at the Venue further described below in the paragraph headed “Assumption of Inherent Risks”;
“UKGE Limited” is a limited company whose registered company number is 4923410
and whose registered office is at UKGE LTD, Units 10-12, Reydon Business Park, Reydon, Southwold, Suffolk, IP18 6SZ
Paragraph headings shall not affect the interpretation of this Agreement. Unless the context otherwise requires, words in the singular shall include the plural and in the plural include the singular.
Assumption of Inherent Risks.
The Splat Quack GO event (hereafter referred to as the “Splat Quack GO event”) is meant to be a severe test of stamina, strength, endurance, toughness, camaraderie, and mental fortitude that takes place in a specific venue on a specific date. The goal is to simply complete the course as best possible. It is not a race against other contestants, but rather a challenge against yourself and the course.
The Venue is part of the challenge and the Splat Quack GO event will usually be held in hostile environments, including but not limited to farms where animals are roaming and defecating, that might include extreme heat or cold, snow, fire, mud, rivers, ponds, extreme changes in elevation, and water. Some of the activities at an Splat Quack GO event include runs, military style obstacles, inflatable obstacles, and generally any challenge Splat Quack GO puts in front of you, traversing cargo nets, climbing walls, swimming in cold water, going through pipes, throwing or carrying heavy objects, running or wading through rivers, and traversing muddy areas. You may end up in mud up to your neck.
In summary, the Splat Quack GO event is a hazardous activity that presents a hard, physical and mental challenge to participants.
Splat Quack GO will use reasonable care and skill to provide a Venue that is fit and suitable for the Splat Quack GO event bearing in mind the paragraph above.
I acknowledge that the Splat Quack GO event is an intense test of my physical and mental limits that carries with it inherent risks of physical injury and illness. Inherent risks are risks that cannot be eliminated completely (without changing the challenging nature of the Splat Quack GO event) regardless of the care, measures and precautions taken by Splat Quack GO and are further described below (“Inherent Risks”). I also understand that it is an extremely strenuous event and that there are risks and dangers generally in taking part in such activities. I understand that these hazards may be magnified due to the fact that the Splat Quack GO event is often conducted under what may be extreme conditions and circumstances.
I understand and acknowledge that the Inherent Risks include, but are not limited to: my contact or collision with other persons or objects (e.g. with spectators or course personnel, other participants, motor vehicles, machinery, or natural or man-made fixed objects or obstacles); my encounter with Splat Quack GO event obstacles (e.g. natural and man-made water, road and surface hazards, close proximity and/or contact with thick smoke and open flames, barbed wire, and pipes); extremely challenging course conditions; weather-related hazards (e.g. extreme heat, extreme cold, humidity, ice, rain, fog); judgment and/or behaviour related problems by me during the event; erratic or inappropriate co-participant behaviour; and natural hazards (e.g. uneven terrain, rock falls, lightning strikes, old military equipment, old World War weaponry, explosives that’s still potentially live, earthquakes, wildlife attacks, contact with poisonous and/or infectious plants, organisms, marine life and/or ticks).
I understand and acknowledge that any of these Inherent Risks and others, not specifically named, may cause illness, injury or injuries that may be categorised as minor, serious, or catastrophic:
Minor injuries are common and may include, but are not limited to: scrapes, bruises, sprains, nausea, and cuts.
Serious injuries are less common, but could occur. They include, but are not limited to: property loss or damage, broken bones, torn ligaments, concussions, exposure, general and contagious illnesses, heat-related illness, mental stress or exhaustion, infection, and concussions.
Catastrophic injuries are not expected but could happen; however, we feel that our participants should be aware of the possibility. These injuries can include permanent disabilities, spinal injuries and paralysis, stroke, heart attack and even death.
I understand that it is my responsibility to consult with my general practitioner (“GP”) prior to participating in the Splat Quack GO event to ensure that I am fit and well enough to take part and that my participation will not pose any unusual or serious risks to my health and well-being.
If I believe or become aware that any aspects of the Splat Quack GO event course, facilities or equipment are unsafe or pose unreasonable risks, I agree to immediately notify appropriate Splat Quack GO and/or Venue personnel. I accept full and sole responsibility for the condition and adequacy all of my own equipment that I bring to the Venue.
I understand fully the Inherent Risks involved in the Splat Quack GO event and assert that I am willingly and voluntarily participating in the Splat Quack GO event. I have read the preceding paragraphs and acknowledge that:
– I understand the nature of the Splat Quack GO event;
– I understand the demands of the activities at the Splat Quack GO event relative to my physical condition;
– I appreciate the potential impact of the types of injuries & illnesses that may result from my participation in the Splat Quack GO event; and
– I hereby confirm that I knowingly assume all of the Inherent Risks of the Splat Quack GO event.
– I understand that Splat Quack GO recommends that I check that I have health insurance which covers any injuries I may suffer as a result of participating in the Splat Quack GO event.
Limitation of Liability
I hereby forever waive, release, covenant not to Claim, and discharge Splat Quack GO and the other Released Parties from any and all Claims that I may have arising out of my participation in the Splat Quack GO event:
– resulting from the Inherent Risks e.g. for personal injury (including death) from incidents or illnesses arising from the Splat Quack GO event participation, which may include injury caused during practice runs, the Splat Quack GO event, and while at the Venue location (including, but not limited to stands, pavements, parking areas, toilet facilities and dressing facilities);
– and/or resulting from damage to, loss of, or theft of my property during a Splat Quack GO event;
EXCEPT THAT nothing in this Agreement shall limit or exclude either Splat Quack GO or the Released Parties’ liability for death or personal injury resulting from its negligence. I understand that I (or any Releasing Parties acting on my behalf) am entitled to bring a Claim against Splat Quack GO and/or the Released Parties for death or personal injury caused as a result of the negligence of Splat Quack GO and/or any of the Released Parties (as applicable).
Indemnity I hereby agree to reimburse Splat Quack GO and the other Released Parties in respect of:
– any and all Claims made by any Releasing Party arising from injury or loss due to my participation in the Splat Quack GO event; and
– any and all Claims of co-participants, rescuers, and others arising from my conduct in the course of my participation in the Splat Quack GO event;
EXCEPT FOR Claims arising from either Splat Quack GO’s or the Released Parties’ negligence, breach of contract or breach of statutory duty. This indemnity shall survive the expiration or sooner termination of the Splat Quack GO event.
Venue and Jurisdiction.
I understand that if legal action is brought in connection with this Agreement or its subject matter, the courts of England and Wales shall have the sole and exclusive jurisdiction over the action and that only the substantive laws of England and Wales shall apply.
Severability: I understand and agree that this Agreement is intended to be as broad and inclusive as is permitted by laws of England and Wales and that if any court or competent authority finds that any provision of this Agreement (or part of any provision) is invalid, unlawful, void, or for any reason unenforceable, then that provision or part-provision shall, to the extent required, be deemed to be deleted from this Agreement, and the validity and enforceability of any remaining provisions of this Agreement shall not be affected.
Entire Agreement: This Agreement supersedes any and all previous oral or written promises or agreements. I understand that this is the entire Agreement between me and Splat Quack GO relating to its subject matter, and cannot be modified or changed in any way by representations or statements by any agent or employee of Splat Quack GO. I agree that this Agreement may only be amended by a written document duly executed by Splat Quack GO on giving me at least 30 days written notice prior to the date of the Splat Quack GO event. If I do not agree to the amended terms of this Agreement I must let Splat Quack GO know in writing at least 7 days before the date of the Splat Quack GO event (“Refusal”) and I acknowledge that I shall not be permitted to take part in the Splat Quack GO event. In these circumstances the entry fee that I have paid shall be refunded to me within 30 days of the date of my Refusal. If I do not send Splat Quack GO a Refusal I shall be deemed to have accepted the amended terms of this Agreement. For the purpose of this provision a reference to “writing” includes email.
Agreements for the Protection of Participants
– I confirm that I am in good health and in proper physical condition to safely participate in the Splat Quack GO event. I confirm that I have no known or knowable physical or mental conditions that would affect my ability to safely participate in the Splat Quack GO event, or that would result in my participation creating a risk of danger to myself or to others.
– I acknowledge that Splat Quack GO recommends and encourages that I obtain medical clearance from my GP prior to participation.
– I confirm that I have not been advised or cautioned against participating in the Splat Quack GO event by any medical practitioner.
– I understand that it is my responsibility to continuously monitor my own physical and mental condition during the Splat Quack GO event, and I agree to withdraw immediately and to notify appropriate Splat Quack GO and/or Venue personnel if at any point my continued participation would create a risk of danger to myself or to others.
– In the event of an injury to me that renders me unconscious or incapable of making a medical decision, I authorise appropriate Splat Quack GO personnel and emergency medical personnel at the Splat Quack GO event to make emergency medical decisions on my behalf (including, but not limited to CPR and use of an Automated External Defibrillator).
– I authorise Splat Quack GO to secure emergency medical care or transportation for me when deemed necessary by Splat Quack GO.
– I acknowledge that Splat Quack GO has instituted its rules for the protection of everyone attending the Splat Quack GO event including its participants. I acknowledge that I must sign the Entry Participation Agreement in order to participate in the Splat Quack GO event and I agree to familiarise with all of the rules contained in that agreement and follow them throughout the Splat Quack GO event. I agree that Splat Quack GO may stop or prevent my participation in the Splat Quack GO event (and, if necessary, have me removed from the Venue) if my participation, conduct, or presence endangers myself or any other person present at the Splat Quack GO event.
Acknowledgment of Understanding
I have read this Agreement and fully understand its terms. I understand that I am limiting my rights, including my right to sue. I further acknowledge that I am signing the Agreement freely and voluntarily.
– I understand that participating in the Splat Quack GO event is a physically challenging and potentially dangerous activity and involves the risk of serious injury and/or death.
– I assert that I am in good health and in proper physical condition to safely participate in the Splat Quack GO event. I certify that I have no known or knowable physical or mental conditions that would affect my ability to safely participate in the Splat Quack GO event, or that would result in my participation creating a risk of danger to myself or to others.
Entry and Participation Agreement
Rules: I agree that my participation in a Splat Quack GO event and related activities (“Splat Quack GO event”) is subject to:
the terms of this Entry and Participation Agreement, my consent to the terms of the Assumption of Risk, Limitation of Liability and Indemnity Agreement;
– all written terms, rules and regulations at the site of the Splat Quack GO event (“Venue”) and the Splat Quack GO website www.splatquack.com;
– all directions, instructions and decisions of Splat Quack GO, whose registered company number is 4923410 and whose registered office is at UKGE LTD, Units 10-12, Reydon Business Park, Reydon, Southwold, Suffolk, IP18 6SZ
(“Splat Quack GO”) and Venue personnel on the day of the Splat Quack GO event.
Emergency Delay or Cancellation:
I acknowledge that Splat Quack GO at its sole discretion may delay, modify, or cancel the Splat Quack GO event if conditions or natural or man-made emergencies make administering or holding the Splat Quack GO event unreasonably difficult or unsafe. I agree that “emergency” includes but is not limited to: high wind, extreme rain, hurricane, tornado, earthquake, flood, terrorism, fire, threatened or actual strike, labour difficulty, financial problems, insurrection, war, public disaster, and/or unavoidable casualty.
Refunds: I acknowledge that the Splat Quack GO event fee and associated costs (including optional product purchases, spectator tickets, and donations) are non-refundable, including in circumstances where I am unable to attend due to illness or injury or a scheduling conflict, unless: 1) Splat Quack GO cancels or materially delays or alters the Splat Quack GO event, 2) Splat Quack GO makes a significant change to the Venue, or 3) Splat Quack GO changes the date of the Splat Quack GO event so that I am no longer able to attend.
In circumstances (1), (2) or (3) above, Splat Quack GO may offer me the right to attend a different Splat Quack GO event in the UK at no additional charge (and if I agree to this, I shall not be entitled to any refund). Alternatively Splat Quack GO may issue me with a refund of my event fee at Splat Quack GO’s sole discretion acting reasonably.
If I am unable to attend a Splat Quack GO event because I have been called to active military duty and I can provide official documentation regarding my deployment which conflicts with my participation in the Splat Quack GO event, Splat Quack GO may (but is not obliged to) issue me with a refund of my event fee.
After an event, no refunds will be issued for any circumstances, including (but not limited to) obstacle closures or malfunctions, queues at obstacles or in the runners’ village, route markings, illness or injury, or any other reason for general dissatisfaction.
Removal from Splat Quack GO event or Venue: I acknowledge that Splat Quack GO personnel and/or Venue personnel may prohibit or stop anyone from taking part in the Splat Quack GO event and/or immediately remove anyone from the Venue if they believe such person has disobeyed any applicable rules, regulations, directions, instructions, decisions, or laws; or whose behaviour endangers safety or negatively affects that person, any other person, facility, or property of any type or kind.
Attitude and Behaviour: On the day of the Splat Quack GO event I agree to (i) behave appropriately at all times; (ii) act respectfully towards all people, equipment, property and facilities; and (iii) participate in the Splat Quack GO event with a cooperative and positive attitude.
Alcohol & Drugs: I agree that: 1) I will not be under the influence of alcohol or any non-prescription drugs during my participation in the obstacle course at the Splat Quack GO event; and 2) I shall not consume alcohol excessively or be under the influence of any illegal drugs at the after party on the day of the Splat Quack GO event.
Specific Rules: I acknowledge and agree that on the day of the Splat Quack GO event: 1) I shall not urinate or defecate outside of designated areas at the Venue; 2) I shall not bring any animals to the Venue; 3) I shall not use any wheeled equipment during my participation in the obstacle course at the Splat Quack GO event; 4) I shall not wear any clothing or use any props or equipment that may pose a risk to myself, participants, spectators or personnel; and 5) I shall abide by all instructions and directions of Splat Quack GO and Venue personnel and all Splat Quack GO and Venue rules and regulations.
Photography: I understand that any and all photographs, motion pictures, recordings, and/or likenesses of me captured during the Splat Quack GO event by Splat Quack GO, its affiliated entities or contractors, and/or the media (“Relevant Other Parties”) become the sole property of Splat Quack GO and/or Relevant Other Parties (as applicable). I acknowledge that such photographs, motion pictures, recordings, and/or likenesses of me may be edited disseminated, adapted, modified copied, used, exploited in whole or in part in all media and formats throughout the world in perpetuity for any legitimate commercial or non-commercial purpose, including but not limited to promoting, advertising, and marketing Splat Quack GO and Splat Quack GO events, without prior notice or compensation. I further understand that Splat Quack GO and the Relevant Other Parties have the full right to sell and/or profit from the commercial use of such photographs, motion pictures, recordings, and/or likenesses. I also grant Splat Quack GO the permission to use my name in connection with its legitimate commercial and non-commercial purposes including but not limited to promoting, advertising, and marketing Splat Quack GO and Splat Quack GO events without prior notice or compensation.