UPON ENTERING ANY MPE LTD EVENT, THE COMPANY AGREES THAT ITS ENTRY INTO AN EVENT SHALL BE SUBJECT TO THESE CONDITIONS OF ENTRY AND THE MPE RULES.
MARCO POLO EVENTS LTD – CONDITIONS OF ENTRY
DEFINITIONS“MPE Rules” means the rules as made available to the Company on the Team Portal once entry to the Event is confirmed (as the same may be amended from time to time). “MPE” means Marco Polo Events Ltd, a company registered in England and Wales. “Company” means the company, partnership or public sector organisation that enters a Team of Participants into an Event. “Conditions of Entry” means these terms and conditions of entry for the Event. “Entry Form” means the entry form on the back of these Conditions of Entry (or if sent digitally or by fax, on the foregoing page). “Event” means an official competition staged by MPE or its authorised agents. “Fees” means the total entry price for all Teams including substitutes entered into an Event by the Company as set out in the Entry Form. “Participant” means an employee of the Company (or other individual to whom the Company is contracted for services) who is a competitor in an Event. “Participant’s Medical Waiver and Consent Form” means the same named forms made available to the Company during the registration process. “Team” means the number of Participants as set out on the Participant’s Medical Waiver and Consent Form to be submitted by the Company. 1. PARTICIPATION AND COMPANY OBLIGATIONS 1.1 The Company agrees to abide by the MPE Rules and hereby confirms that it has read and understood the same and furthermore will procure that each Participant abides by any applicable MPE Rules. The Company shall not be entitled to a refund of the Fees or any part thereof or any other form of compensation of any kind if a Team or individual Participant is disqualified from an Event by MPE as a result of an infringement of the MPE Rules. 1.2 The Company acknowledges that participation in an Event will be physically strenuous for all Participants and shall ensure that Participants are physically capable of competing in such an Event and will procure that each Participant signs and delivers to MPE the Participant’s Medical Waiver and Consent Form prior to the Event. 1.3 Only Participants who have signed and delivered to MPE the Participant’s Medical Waiver and Consent Form will be allowed to take part in the Event. 1.4 While MPE endeavours to take every care with the staging of Events, the Company acknowledges that personal accident insurance in relation to the Participant’s person or property is the responsibility of the Company and/or the individual Participant as the case may be. 2. BOOKINGS AND PAYMENTS 2.1 On receipt of an order MPE will issue an invoice to the Company for full payment of the Fees. All payments are stated to be exclusive of value added tax and the Company shall pay to MPE at the same time as paying the Fees an amount equal to the value added tax properly chargeable upon such Fees. 2.2 Subject to clause 2.4 the Company shall have 30 days from the due date of invoice to pay the Fees and in any event MPE must receive full payment prior to the Event. 2.3 The Company must complete the Team’s Portal Entry by no later than 8 weeks prior to an Event. In the event that the Team’s Portal Entry is not completed by a period no later than 8 weeks prior to an Event, MPE shall have the right, but not the obligation, to refuse the Company the right to participate in the Event. In such circumstances, MPE shall be entitled to retain the Fees paid by the Company to MPE in respect of the Event. 2.4 The Company and/or its Participants and Teams shall not be eligible to compete in an Event until full payment of the Fees has been received. No payment shall be deemed to have been received until MPE has received cleared funds. 3. WITHDRAWALS, CANCELLATIONS AND DEFERRAL 3.1 The Company may seek to withdraw from an Event at any time, subject to the following provisions of this clause and the absolute discretion of MPE. 3.2 Notwithstanding clause 3.3, if the Company cancels within seven days of submitting the Entry Form, then MPE will refund the Fees already paid or issue a credit note in respect of any outstanding invoice issued in respect of the Fees. 3.3 Subject to clause 3.2, if the Company withdraws any time after the seven day cooling off period, the Company must pay 100% of the Fees due and MPE shall not be liable to refund any of the Fees paid other than as provided for in clause 3.5. 3.4 Notice of withdrawal must by e-mail to firstname.lastname@example.org. Withdrawals will not be accepted by telephone or by any other method of service. 3.5 MPE reserves the right to change the Event format, date, time and to cancel the Event if unforeseen circumstances arise. If an Event is cancelled by MPE, a full refund of the Fees paid will be made to the Company. 4. ORGANISERS’ LIABILITY 4.1 The aggregate liability of MPE in respect of any loss, expense, liability cost or damage of any kind whatsoever suffered by the Company and/or each and every Participant which arises out of or in connection with these Conditions of Entry and/or the Event, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way, shall not exceed the amount of the Fees actually paid by the Company to MPE pursuant to these Conditions of Entry.
4.2 MPE, its officers, employees, agents, affiliates, sponsors, charities or medical advisers shall not be liable, in contract, tort (including negligence) or for breach of statutory duty or in any other way for: 4.3 Any loss or damage of personal equipment belonging to the Company and/or a Participant; 4.4 Any economic losses (including, without limitation, loss of revenues, profits contracts, business or anticipated savings); 4.5 Any loss of goodwill or reputation; or 4.6 Any indirect or consequential losses In any case whether or not any of the foregoing was within the contemplation of the parties at the date the Company submitted the Entry Form and/or were suffered or incurred by the Company and/or a Participant arising out of a Participant taking part in the Event or any other matter arising under these Conditions of Entry. 4.7 Nothing in these Conditions of Entry or the MPE Rules shall exclude or limit the liability of MPE: 4.8 For death or personal injury caused by MPE’s negligence; 4.9 For fraud or fraudulent misrepresentation; or 4.10 For any matter which it would be illegal for MPE to exclude or attempt to exclude its liability. 5. PUBLICITY AND RESULTS 5.1 The Company acknowledges that all Participants must sign and return the Participant’s Medical Waiver and Consent Form consenting to being photographed, filmed, or recorded by MPE (or anyone authorised by them) and the use and reproduction of their likeness in film, brochures or recordings. 5.2 If the Company does not wish its Participants to be photographed or otherwise recorded for security or other purposes, the Company shall notify MPE in writing and MPE will endeavour to stop photographs or recordings of such Participants being taken and/or published. 5.3 MPE undertakes to make all Events results available to Company and Participants. 5.4 All decisions and rulings by the independent arbiter at MPE relating to the Event are considered final. 6. DATA USE 6.1 MPE will only use information relating to a Participant where they have agreed to such use in the Entry Form or the Participant’s Medical Waiver and Consent Form. 7. CLAIMS 7.1 The Company shall procure that no Participant or Team brings a claim against MPE arising out of or in connection with an Event and shall indemnify MPE for any losses, costs, damages or expenses of any kind (including reasonable professional fees) which MPE may suffer or incur as a result of any such claim and/or the threat thereof. 8. GENERAL 8.1 These Conditions of Entry and the documents referred to in them, constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to the Event. The Company acknowledges and agrees that in submitting the Entry Form (and the documents referred to in it) 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 this Agreement or not) other than as expressly set out in these Conditions of Entry. 8.2 Neither MPE on the one part nor the Company on the other shall be liable to the other of them for any loss, damage, cost, expense or liability of any kind whatsoever in relation to the Event which results from any cause, event or circumstances beyond its reasonable control including without limitation war, terrorist action (or the threat thereof) strikes, flood, earthquake or any other natural disaster, subsidence and adverse weather conditions. 8.3 These Conditions of Entry shall not be assignable by the Company without MPE’s prior written consent. 8.4 Nothing in these Conditions of Entry 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. 8.5 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. 8.6 No amendment of these Conditions of Entry shall be valid or binding unless made by prior written agreement between the parties hereto and signed by their duly authorised representatives. 8.7 To the extent permitted by law all provisions of these Conditions of Entry shall be severable and no provision shall be affected by the invalidity or unenforceability of any other provision. 8.8 These Conditions of Entry shall be interpreted in accordance with the laws of England and Wales and any dispute arising hereunder shall be subject to the exclusive jurisdiction of the English Courts.