Terms & Conditions of Entry
The following Event terms and conditions are intended to ensure the safety of all Participants, to meet the requirements of local government permits and to be compliant with applicable Scottish Athletics and International Association of Athletics Federation (IAAF) regulations for Participant performance records and event liability.
All entry fees are non-refundable and the Event Organiser retains the right to refuse entry to anyone declaring false information on their entry form and related tickets and purchases (Pasta Party tickets and merchandise), not making the required payment, or otherwise failing to meet the stated entry requirements.
1.1 “Conditions” means these terms and conditions of entry for the Event(s).
1.2 “Event” means the event named on the Entry Form and organised by Loch Ness Marathon Ltd.
1.3 “Event Date” means the date of the Event(s), as specified on the Entry Form.
1.4 “Entry Fee” means the price of entry into the Event as set out in the Entry Form.
1.5 “Entry Form” means the Event Organiser’s online registration system Participants must use in order to apply, register and pay for their entry to the Event.
1.6 “Event Information” means any and all information provided by the Event Organiser in relation to the Event.
1.7 “Event Organiser” means Loch Ness Marathon Ltd, a company incorporated under the Companies Acts with Company Number SC312511 and having its registered office at Alder House, Cradlehall Business Park, Inverness IV2 5GH.
1.8 “Loch Ness Marathon” means Baxters Loch Ness Marathon & Festival of Running, including the River Ness 10K and 10K Corporate Challenge, the River Ness 5K Fun Run, the Wee Nessie and related events.
1.9 “Associated Parties” means the Event Organisers officers, employees, officials, marshals, stewards, suppliers and/or sponsors and/or persons for whom it is answerable.
1.10 “Charity” means the charity partner or partners of the event.
1.11 “Participant” means the person named on the Entry Form who will be participating in the Event.
1.12 “Event Pack” means the official pack issued by the Event Organiser to the Participant containing all relevant Event materials.
1.13 “Withdrawal” means once the Participant has received written (via email or post) confirmation from the Event Organiser acknowledging the Participant’s request to withdraw from the Event.
2 ENTRY & PAYMENTS
2.1 The Participant shall complete the Entry Form online and submit it together with payment of the Entry Fee online in accordance with the Event Organiser’s website.
2.2 The Participant shall not be eligible or entitled to participate in the Event until full payment of the Entry Fee has been received by the Event Organiser. No payment shall be deemed to have been received until the Event Organiser has received cleared funds.
2.3 The Participant acknowledges that all Entry Fees, Related Tickets and Purchases are non refundable (other than very limited circumstances set out in condition 6).
2.4 By submitting your application and paying your entry fee you agree to enter the Event and also agree to abide by these conditions of entry and any instructions given to you by the Event Organisers, officials and marshals before, during or after the Event.
2.5 The Participant agrees to abide by all applicable rules and regulations of any relevant sporting governing bodies that may oversee the Event, including but not limited to Scottish Athletics. The Participant shall not be entitled to a refund of the Entry Fees if he or she is disqualified from the Event as a result of an infringement of these Conditions or any such rules and regulations.
2.6 The order receipt which you receive in relation to the Event, and certain other documentation, may be issued in the name of Caledonian Concepts (Scotland) Limited, or may refer to Caledonian Concepts (Scotland) Limited as the event organiser. In relation to the order receipt in relation to the Event and any other such documentation, Caledonian Concepts (Scotland) Limited is acting as an agent for and on behalf of Loch Ness Marathon Limited.
3.1 To register for the Marathon you must be 18 years or older on the day of the Event.
3.2 To register for the 10K and 10K Corporate Challenge you must be 15 years or older on the day of the Event.
3.3 There is no age restriction on entries to the River Ness 5K; however, Participants aged between 0-8 must be accompanied by an adult.
3.4 To register for the Wee Nessie you must be under 5 years of age on the day of the Event.
3.5 10K Corporate Challenge: teams must contain a minimum of 4 runners and a maximum of 6 runners. Incomplete teams will not be accepted. Companies may enter more than one team. All entries must be from bona fide employees of the company and an employee cannot be entered into more than one team. Prizes will be awarded to the first 3 teams based on the following scoring system – Male / Female accumulated first 4 finishing times to count. All team members must wear a 10K Corporate Challenge Event number during the Event.
3.6 Each Participant must agree to the disclaimer and Terms & Conditions before participating in the Event.
3.7 All Participants acknowledge that the Event is physically strenuous. As such they must be medically fit to participate and take full responsibility for their own personal health and fitness. Participants are strongly advised to consult a doctor before undertaking any strenuous exercise or training programme, or participating in the Event. It is your responsibility to obtain any necessary personal insurance in connection with the Event.
3.8 Visually impaired runners: Entries from blind or visually impaired runners are welcome, however all such Participants must be accompanied by a supporting runner. It is strongly advised that the blind or visually impaired runner and his /her guide should be appropriately identified, and must be linked together. A complimentary place will be provided for guide runners. All such entrants must contact Loch Ness Marathon prior to entering by email at [email protected] and we will be able to advise you on your participation.
3.9 All Participants take part at their own risk and a disclaimer waiving all claims against Event Organiser and any party acting on its behalf must be completed by all entrants.
3.10 The Participant acknowledges that any Withdrawal on medical grounds will not entitle them to a refund.
3.11 The Event Organiser and/or owners of the venue where the Event is conducted are also entitled to impose additional Event rules upon the Participant from time to time which will be provided or made available to the Participant and will form part of these Conditions. Any relevant rules and regulations may be obtained from the Event website or upon request to the Event Organiser.
3.12 All Participants must attend registration at the times and on the day as instructed by the Event Information, which will be issued by the Event Organiser before the Event.
3.13 Only Event finishers will receive a medal, t-shirt and an Event giveaway. Non Participants are not eligible for a medal, t-shirt or Event giveaway.
3.14 An email address is required for all entries. All correspondence will be via email. A separate email address for each Participant is preferred but not required.
3.15 The Event Organiser will email all communications including newsletters and other relevant Event information to the email address provided by the Participant at the time of Entry. The Event Organiser shall not be held responsible for any computer malfunctions or other technical anomalies that may occur in the process of sending out such email communications that may lead to failure of receipt by the Participant. To ensure receipt of all Event Information, it is the sole responsibility of the Participant to ensure they provide the Event Organiser with the correct email address and postal address and to inform the Event Organiser of any changes no later than twenty one (21) days prior to the Event. Approximately 2 weeks before the 10K (including 10K Corporate Challenge) Event packs will be sent to the address held at that point.
3.16 We take no responsibility for items lost or misplaced in the post or, if you fail to comply with condition 3.15, for items dispatched to the wrong address.
3.17 The Participant acknowledges and accepts that circumstances concerning an Event may change from time to time for reasons out of the Event Organiser’s reasonable control or otherwise, without the Event Organiser incurring any liability and without any rights to Withdrawal being accrued by the Participant other than set out in condition 6 below. By way of example, and for illustration purposes only, the exact route of any part of the Event may change but such changes/issues will not allow the Participant to withdraw and nor will the Event Organiser be deemed liable except as otherwise set out herein.
3.18 The Event regulations will remain relevant regardless of the headline sponsor or sub sponsor.
4 EVENT SAFETY
4.1 Prior to and during the Event you will be responsible for your own safety. Each Participant will take all reasonable care to ensure the safety of other Participants and will comply promptly with all instructions and guidelines given by the Event Officials.
4.2 The Participant must not deviate from the official route which will be marked with Event signage from start to finish. There will be marshals located on the route and all volunteers and staff involved in the Event will be clearly identifiable.
4.3 If you retire from the Event you must inform the route marshals.
4.4 All decisions and rulings made by the Event Organiser are final. Accordingly, Participants will comply with all Event rules and all instructions and guidelines given by officials, stewards, marshals, and safety personnel. The Participant acknowledges and agrees that the Event Organiser will organise and run the Event and will have sole authority and be the final arbiter on all decisions relating to the safety, running and organisation of the Event, the rules of the Event, the timings/finish times and the placings.
4.5 It is your responsibility to ensure that you have the correct equipment, footwear and clothing for the Event, taking weather conditions into account.
4.6 For safety reasons you are not permitted to be accompanied by your pets or other animals when participating in the Event, this includes Assistant Dogs.
4.7 Your participation in the Event is personal to you, you are strictly prohibited from swapping, selling or transferring your place in the Event or allowing any other person to wear your Event number and participate in your place. If you are found to be in breach of the condition 4.7 we reserve the right to exclude you from participation in future Events.
4.8 The Event Organiser reserves the right at any time to remove a Participant from the Event or prevent the Participant participating in the Event if in the Organiser’s sole discretion, it considers such action necessary for safety reasons or the proper enjoyment of the Event by other Participants or for any other reasonable reason. No refund of the Entry Fee shall be made if the Participant has acted negligently, maliciously, with willful misconduct or otherwise without due care and attention for the Event or other Participants, so as to cause his/her removal.
4.9 Throughout the Event, Participants will be checked for their suitability to continue on grounds of capability. If any of the marshals and medical staff believe that the safety of the individual will be compromised by their continued participation, they reserve the right to ask that person or persons to stop.
4.10 NO headphones are permitted to be worn by Participants for the duration of the Event. This Event is run under Scottish Athletics rules and therefore MP3 players or other devices plugged into the ear are banned whilst running for reasons of health & safety, both yours and other competitors. When you wear such a device you are unable to hear other competitors, cars, bicycles or marshals instructions. Bone conductor headphones are exempt from this clause and are permitted.
4.11 You are not permitted to use the following items in the Event:
4.11.1 Roller skates
4.11.2 Wheel barrows or trolley carts
4.11.3 Wheelchairs (standard, race, electric or motorized) – except for permissible wheelchair entries in the River Ness 5K
4.11.4 Nordic sticks or any other walking poles
4.11.5 Baby joggers or strollers (except in the River Ness 5K and Wee Nessie)
4.11.6 Cycles; or
4.11.7 Any other item that could potentially inhibit the flow or safety of other Participants or which the Event Organisers consider may cause danger or risk of danger to you or other Participants.
4.12 Any attempt to use may result in the forcible removable of the items and disqualification of the individual.
4.13 Fancy dress costumes can be worn, however, we reserve the right to prevent you from participating in the Event if we consider that the fancy dress outfit may cause danger or risk of danger to you or other Participants.
4.14 The Event Organiser may introduce cut off times as it sees fit as part of the Event rules, being limits on the time taken to complete sections of the Event (as initiated by the Event Organiser at its discretion) to ensure the safe and proper running of the Event. Consequently, Participants may be instructed to withdraw from the Event in accordance with imposed cut off times. Participants will be advised of these cut off times in advance of the Event.
4.15 All Participants must display (on their front) a valid running number at all times. Unregistered Participants are not permitted into the start or finish area and will be removed from the course by the course marshals. Resources of the Event organisers, including medical and safety services, along with Event supplies for drink stations and finishers packs, are reserved solely for registered entrants. Any unregistered runner intending to participate should seriously reconsider as they pose a serious safety risk. Any unregistered Participants should be reported to the nearest Event Official.
4.16 All Participants are expected to conduct themselves in a professional and courteous manner during their participation in the Event. This means, for example, that urinating or defecating anywhere on or near the course shall be strictly prohibited except in toilet facilities. Anyone violating this rule of conduct shall be disqualified from the Event and will be asked to leave the course.
5 EVENT EJECTION
5.1 We reserve the right to refuse entry to the Event or ask Participants to cease participation if:-
5.1.1 Participants fail to follow instructions given by the Event Organiser, officials and marshals;
5.1.2 Participants attempt to participate in the Event in a manner that we, acting reasonably, believe:-
i. May cause injury to you;
ii. May cause injury to another Participant;
iii. May damage or harm the environment;
iv. Is likely to cause offence; or
v. Otherwise causes a risk or potential risk to health and safety including any failure, in whole or in part, to comply with the restrictions in Condition 4 above (Event Safety);
5.1.3 In our opinion Participants are unfit to participate in the Event due to:-
vi. The consumption of alcohol;
vii. The use of drugs
viii. An injury or illness; or
5.1.4 Participants fail to arrive at the start location at the specified time; or
5.1.5 Participants are unable to make sufficient progress in the Event to allow them complete the Event in line with timelines set by Event Organisers.
5.1.6 Participants take part in any ambush marketing activity
6 WITHDRAWAL, CANCELLATIONS, REFUNDS OR ALTERATIONS
6.1 The Event Organiser operates a fourteen (14) day cooling off period. Accordingly, the Participant is entitled to withdraw his/her application to participate provided the Event Organiser receives written notice of cancellation within fourteen (14) days of payment of Entry Fee (payment being deemed made for the purpose of this condition 6.1 by clicking on the make payment link on the secure payment webpage). During this fourteen (14) day period the Participant is able to withdraw his/her entry and receive a full refund of the Entry Fee by emailing [email protected] or writing to the Event Organiser at Loch Ness Marathon Ltd, Alder House, Cradlehall Business Park, Inverness IV2 5GH. The notice must be received before the end of the 14 day cooling off period.
6.2 We reserve the right to retain £10.00 from any refund given in accordance with condition 6.1 as a contribution to administrative costs.
6.3 The Participant acknowledges that places for the Event are limited and payment of the Entry Fee and reservation of the place has an effect on logistics and the subscription for the Event. Accordingly, the Participant agrees to notify the Event Organiser in writing (or by email) as soon as possible of his / her intention to withdraw and that:
6.3.1 if the Participant withdraws from the Event 11 weeks (77 days) or less before the commencement of the Event he/she will receive no refund and he/she shall not be entitled to transfer his/her place to another person; and
6.3.2 if the Participant withdraws from the Event more than 11 weeks (77 days) before the commencement of the Event, he/she can transfer his/her place to another person. He/she will need to find the Participant to transfer the place to, as the Event Organiser does not manage a list of transfers. The Participant (and original Participant) shall be solely responsible for recovery of the Event Fee from any transferee. The original place will be automatically withdrawn once the unique transfer link has been sent to the new Participant and the transfer is complete. All transfers must be complete at least 11 weeks (77 days) before the commencement of the Event – no exceptions.
6.3.3 Transfer of places will require payment of a £10 admin fee, payable by the original Participant.
6.3.4 Entries are non-transferable to another event in the current year or in future years.
6.4 The Event Organiser reserves the right to alter the start time of the Event. In the event of a change of start time the Participant will be notified of the revised start time with as much notice as reasonably practicable. No refund in full or in part shall be made for any change in start time for an Event provided the Event takes place on the specified date of the Event.
6.5 The Event Organiser reserves the right to change the Event Date. In the event of such change of Event Date, the Participant will be notified of the revised date with as much notice as reasonably practicable in the circumstances. The Participant will be permitted to take part in any re-scheduled Event, but will otherwise not be entitled to any refund, in whole or in part, of the Entry Fee. If the date of the Event Date is changed the Event Organiser shall have no liability (including any travel or accommodation costs) whatsoever arising from such change of format.
6.6 The Event Organiser reserves the right to amend the Event format, route or distance in their sole discretion or cancel the Event due to circumstances beyond its reasonable control or for any safety related reason.
6.7 In the event of the Event being cancelled:-
6.7.1 the Event Organiser will notify Applicant of the cancellation as soon as reasonably practicable in the circumstances, including written notice, by email, text message, TV and / or radio broadcast. The Event Organiser may (at its sole discretion) reschedule the Event at a later date either at the same venue or at an alternative venue.;
6.7.2 Participants will have the right to take part in the re-staged Event, but will otherwise not receive any refund of the Entry Fee. (If Participants are unable to take part in the re-staged Event, there will be no entitlement to a refund of the Entry Fee.)
6.8 In the event of cancellation of the Event we will have no liability nor responsibility for any costs (including any travel or accommodation costs) whatsoever incurred as a result of cancellation.
7 EVENT ORGANISER RESPONSIBILITIES/LIABILTY
7.1 Notwithstanding anything in these Conditions, the Event Organiser shall not be liable to the Participant for any liability in contract, delict (including negligence) or otherwise for any loss of business, revenue or profits, anticipated savings or wasted expenditure, loss or damage of or to personal equipment belonging to the Participant or any indirect or consequential loss or damage whatsoever (notwithstanding that such loss was within the contemplation of the parties at the date of submitting the Entry Form) arising out of the Participant taking part in the Event or any other matter arising under these Conditions nor for an aggregate amount greater than the Entry Fee paid by the Participant. Without limiting the foregoing, the Event Organiser will not be liable for any actions of any spectators or other third parties unless otherwise set out herein.
7.2 Accordingly the Participant hereby expressly and irrevocably renounces, for him/herself, dependents and successors in title the right to any recourse or claims whatsoever against the Event Organiser and Associated Parties, as a result of any kind of physical, mental or other loss or damage of whatsoever nature (including any loss of earnings, profits, or pain and suffering) suffered by the Participant, directly or indirectly, or by his/her family or by any dependents and caused by an event in any way relating to the Participant’s participation in the Event, and the Participant hereby undertakes, for him/herself, dependents and successors in title to indemnify and hold harmless the Event Organiser, and the Associated Parties for any costs and/or amount, which they or any of them may be required to pay as a result of any aforesaid recourse or claim by whomsoever made. The Participant also agrees to indemnify the Event Organiser and the Associated Parties for any claim, actions, liabilities or losses resulting from any breach of the Participant’s declarations above and/or the Participant’s negligent acts or omissions and/or wilful misconduct.
7.3 Nothing in these Conditions shall exclude or limit the liability of the Event Organiser:
7.3.1 for death or personal injury caused by the Event Organiser’s negligence;
7.3.2 for fraud or fraudulent misrepresentation; or
7.3.3 for any matter which it would be illegal for the Event Organiser to exclude or attempt to exclude liability.
7.4 This condition 7 shall be read and construed and shall have effect subject to any limitation imposed by any applicable law.
7.5 We shall procure and maintain appropriate third party liability insurance for the Event for our own benefit. You:
7.5.1 acknowledge that you are not entitled to benefit under such insurance where any claim is made against you by a third party for death, personal injury or damage to property arising out of or in connection with your negligent actions or omissions whilst participating in the Event; and
7.5.2 shall indemnify us and keep us indemnified against any claim made against us by a third party for death, personal injury or damage to property arising out of or in connection with your negligent actions or omissions whilst participating in the Event.
8 PERSONAL DATA, PUBLICITY AND RESULTS
8.1 The Event Organiser will use personal data collected in connection with the Event in accordance with its privacy notice: https://lochnessmarathon.com/cookies-and-privacy/
8.2 The Event Organiser will use reasonable endeavours to provide an Event finish time for Participants however it cannot be held responsible for any computer result anomalies or any technical malfunctions.
8.3 Results and prize giving are based on the information provided on the Entry Form.
8.4 By agreeing to these Conditions Participants warrant that they will not take part in any ambush marketing activity in respect of the Event.
9 CHARITY PLACES
9.1 Your entry to the Event will be acknowledged via a confirmation email. If you are taking part to raise money for a charity you should not start any fundraising until you receive this email.
9.2 By opting to run for the charity during the entry process you consent to the Event Organiser making your contact details available to the charity concerned.
10.1 These Conditions constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to the Event. The Participant acknowledges and agrees that in submitting the Entry Form (and the documents referred to therein) it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty, understanding, promise or assurance (whether negligently or innocently made) of any person (whether party to these Conditions or not) other than as expressly set out in these Conditions.
10.2 Nothing in these Conditions shall constitute or be deemed to constitute a partnership between the parties hereto or constitute or be deemed to constitute either party as agent of the other for any purpose whatsoever and neither party shall have authority or power to bind the other or to contract in the name of the other in any way or for any purpose.
10.3 No waiver by either party of a breach or a default hereunder shall be effective unless in writing and signed by both parties and any such waiver shall not be deemed to be a waiver of any subsequent breach or default of the same or similar nature.
10.4 If any provision of the Agreement is invalid or unenforceable, in whole or in part, the validity of the remainder shall not be affected.
10.5 These Conditions shall be interpreted in accordance with the laws of Scotland and any dispute arising hereunder shall be subject to the exclusive jurisdiction of the Scottish Courts.
11 MEDICAL DISCLAIMER
11.1 You warrant to the Event Organiser that you are, and will be on the Event day, sufficiently fit and healthy to participate in the Event unaided and in accordance with the Agreement. If you are in any doubt we recommend that you seek medical advice.
11.2 It is strongly recommended that you train for the Event and prepare for the challenge. If you have not exercised before or for some time, you should consult your doctor before commencing your training for the Event.
11.3 You understand that you are taking part in an Event in a remote and rural location where there will be a longer medical response time in the event of emergency. You agree to take part in this Event at your own risk and will not hold Event Organisers medical staff responsible in the event of acute illness, injury or death.
11.4 In the event of an accident or illness whilst taking part in this Event, you hereby give permission for Event Organisers medical staff to initiate medical treatment and to inform your next of kin in case of hospitalisation.
11.5 You must complete all the required medical information fields (including next of kin contact number) on the back of your Event number prior to participating in the Event. Medical information will only be used to allow medical assistance to be given on the Event date.
11.6 Participants must agree to inform the Event Organisers medical staff of any medical or other condition that might affect their ability to take part in the Event.
12 EVENT DISCLAIMER
12.1 In order to run any Event runners agree the following disclaimer and to the Terms & Conditions:
12.2 I declare I will abide by the age limits set for the Event and will abide by the laws and rules of the Scottish Athletics Limited (SAL). I declare that I will not compete in the Event unless I am medically fit on the day of the Event and that, in any event, I will compete at my own risk. I accept that the organisers, sponsors, partners, official, marshals will not be liable for death, injury, any loss, damage, action, claim, costs or expenses, arising from my participation in the Event save to the extent that it is caused by our negligence. I also hereby give my permission to the Event Organiser to use my name, quotes, video and photographic likeness for marketing and promotional purposes. I also understand that entry fees and related purchases are non refundable, non transferable and cannot be deferred.