Clans @ The Croft

I accept the following terms for my own entry. I also accept the terms on behalf of any other participants I am entering in this event, all of whom have been provided with a copy of these terms and accept them:

I declare that the information on this form is complete and correct. I understand and agree that I participate in this event at my own risk, that I must rely on my own ability in dealing with all hazards and that I must ride in a manner which is safe for myself and all others. I am aware that when riding in an event and particularly when riding on a public highway the function of the marshals is only to indicate direction and that I must decide if the movement is safe. I agree that no liability whatsoever shall be attached to the promoter, promoting club, meeting sponsor(s) or member of the promoting club in respect of any injury, loss or damage suffered by me on or by reason of the event, however caused.

I consent to publication of my name, club, race category, race number, finishing time and race position in race pre-entry and results lists.

Definition “Conditions” means these terms and conditions of entry for the Event. “Entry Form” means the website pages which must be completed in order to participate in the Event. ”Event” means the event named on the Entry Form. “Event Organiser” means Muckmedden Ltd, a company registered in Scotland Reg No: SC447933. “Fee” means the price of entry into the Event as set out in the Entry Form. “Participant” means the person named on the Entry Form who will be participating in the Event.  "Parent or Guardian" means the adult who is responsible for entering a Participant under the age of 16 into the event.

Acceptance of Conditions:

These Conditions shall apply in place of and prevail over any terms or conditions (whether in conflict or inconsistent with these Conditions) contained or referred to in any documentation submitted by the Participant or in correspondence or elsewhere or implied by trade custom, practice or course of dealing. A variation of these Conditions is only valid if the Event Organiser (Muckmedden Ltd) gives notice to the Participant in writing in any official Event material or correspondence prior to the Event (including via email), The Participant shall be deemed to have accepted these Conditions upon completion of the Entry Form.

Participation

2.1 The Participant or Parent/Guardian of the participant acknowledges that participation in the Event is physically strenuous. It is acknowledged that participation in the Event will be physically demanding and the Participant or Parent/Guardian f the participant is aware of the nature of the Event and associated medical and physical risks involved.

2.2 The Participant or Parent/Guardian of the participant agrees that the participant is physically capable of competing in the Event and agrees to be solely responsible for the actions of the participant and the Event Organiser, its officers, employees, agents, affiliates, associated companies, sponsors or medical advisers are not responsible for any injury or illness that the Participant may suffer as a result of participation in the Event. The Participant or Parent/Guardian of the participant accepts that should any medical or physical condition arise prior to the Event which is likely to affect the Participant's ability to participate; the Participant or Parent/Guardian of the participant will withdraw the Participant in accordance with these Conditions.

2.3 The Participant or Parent/Guardian of the participant agrees that the Participant will abide by all applicable event rules and regulation. The Participant or Parent/Guardian of the participant shall not be entitled to a refund of the Fees if the Participant is disqualified from the Event as a result of an infringement of these Conditions or any such rules and regulations. The Event Organiser is also entitled to impose Event rules upon the Participant or Parent/Guardian of the participant from time to time which will form part of these Conditions.

Race rules, regulations, FAQ and other info can be found here: https://muckmedden.co.uk/wp-content/uploads/2024/10/Race-Info-FAQ.pdf

2.4 The Participant or Parent/Guardian of the participant must present for registration process at the times and on the day as instructed in the Event Information which will be issued by the Event Organiser before the Event.

2.5 It is the Participant or Parent/Guardian of the participant's responsibility to provide and use necessary equipment which complies with rules and event regulations.

2.6 The Event Organiser may introduce cut off times as they see 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. Subsequently, participants may be instructed to withdraw from the event in accordance with imposed cut off times.

2.7 The Event Organiser reserves the right at any time to remove Participants from the Event or prevent Participants participating in the Event if in the Event 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 Fee shall be made if the Participant has acted negligently, maliciously, with wilful misconduct or otherwise without due care and attention for the Event or other participants, to cause their removal.

2.8 While the Event Organiser takes every care with the staging of the Event, the Participant or Parent/Guardian of the participant acknowledges that personal accident and personal items insurance is their sole responsibility.

2.9 Participants must enter a race and category appropriate to their age and gender according to event rules.

2.10 All decisions and rulings by the Event Organiser, its employees and its agents are considered final. Accordingly, the Participant will comply with all Event rules and all instructions and guidelines given by stewards, marshals, and safety personnel. The Participant or Parent/Guardian of 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 placing.

2.11 These Conditions are personal to the Participant and it may not assign any of its rights or obligations under this Agreement without the prior written consent of the Event Organiser. The Participant or Parent/Guardian of the participant represents and warrants that the Entry is purchased for personal use only, that it cannot be donated free of charge or otherwise given away for free, and that it is not purchased as part of any form of business or commercial activity (save as expressly authorised by the Event Organiser), and in particular, that the Entry may not be resold or offered for resale by anyone whether at a premium or otherwise and may not be used for advertising, promotion use as a prize (including in competitions and sweepstakes), travel packages, or for any other trade purposes. Donation, give away, resale or attempted resale is grounds for seizure or cancellation without refund or other compensation.

2.12 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 clause 4 below. By way of example, and for illustration purposes only, car parking arrangements and issues with hotels, may arise/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.

Bookings and Payments

3.1 The Participant shall not be eligible or entitled to participate in the Event until full payment of the 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.

Withdrawal, Cancellations or Alterations

4.1 The Event Organiser operates a 7-day cooling off period. Accordingly, the Participant is entitled to cancel their application to participate provided the Event Organiser receives written notice of cancellation within 7 days of payment of the Fee. During this 7-day period the Participant can cancel their entry and receive a full refund of the Fee by emailing info@muckmedden.co.uk. The notice must be received by the end of the 7-day cooling off period. 

4.2 The Event Organiser reserves the right to change the date of the Event. In the event of such change of date of the Event, and the Participant is unable to attend on the revised date, the participant has three weeks to inform the Event Organiser in writing from when the change in date is announced to receive a refund of their Entry Fee.

4.3 The Participant acknowledges that participant places are limited and payment of the Fee and reservation of the place has an effect on logistics and the subscription for the Event. Accordingly, subject to clauses 4.1 and 4.2 above, the Participant may only withdraw from the Event at any time, subject to the following: 4.3.1 If the Participant withdraws from the Event 90 days or more before the Event they will receive no refund but upon request the Event Organiser will provide the Participant with a place free of charge in the same Event the following year, provided such event takes place. 4.3.2 If a Participant pulls out of the Event between 89 days and 8 days before the Event they will receive no refund from the Event Organiser but upon request the Event Organiser will reserve the Participant’s entry for the Event which it proposes to run the following year subject to the Participant completing an entry form and paying the applicable entry fee for such event within the stipulated time limits for such event. 4.3.3 If the Participant pulls out of the Event with 7 days or less of the Event or if the Participant fails to register for the Event they will receive no refund or reserved entry for any future race or event. 

4.4 No Participant shall be entitled to change the race category further to submitting the Entry Form.

4.5 Notice of withdrawal from the Event must be communicated by withdrawing by emailing info@muckmedden.co.uk. Withdrawals WILL NOT be accepted by telephone. Date of receipt of notice will dictate whether a free or guaranteed place is offered for the following year in accordance with this clause.

4.6 Should places in any category for the Event be oversubscribed, the Event Organiser reserves the right to either offer the Participant a place in a suitable alternative category for such Event or withdraw the offer of a place.

4.7 In the event the Event Organiser withdraws the offer of a place to the Participant in the Event for any reason at any time it will provide the Participant with a full refund of the Fee, with no further liability whatsoever arising from such withdrawal. Notwithstanding this clause 4.7 no refund shall be made where otherwise set out herein.

4.8 The Event Organiser reserves the right to amend the Event format or cancel the Event due to circumstances beyond its reasonable control. In the event of the Event being cancelled it shall provide the Participant with a full refund with no further liability whatsoever arising from such cancellation, if the event is changed to another format the Participant will not be entitled to any refund and there shall be no further liability whatsoever arising from such change of format.

Event Organiser Responsibilities/Liability

5.1 Notwithstanding anything in these Conditions the Event Organiser shall not be liable to the Participant for any liability in contract, tort (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 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.

5.2 Accordingly the Participant hereby expressly and irrevocably renounces, for themself, heirs and successors in title the right to any recourse or claims whatsoever against the Event Organiser, its officers, employees, suppliers and/or sponsors and/or persons for whom it is answerable (“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 their family or by any dependents and caused by an event in any way relating to the Participant’s participation in Event, and the Participant hereby undertakes, for themself, heirs 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 recourse or claim aforesaid 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.

5.3 Nothing in these Conditions shall exclude or limit the liability of the Event Organiser: 5.3.1 for death or personal injury caused by the Event Organiser’s negligence; 5.3.2 for fraud or fraudulent misrepresentation; or 5.3.3 for any matter which it would be illegal for the Event Organiser to exclude or attempt to exclude liability.

5.4 This clause 5 shall be read and construed and shall have effect subject to any limitation imposed by any applicable law.

Publicity and Results

6.1 The Participant irrevocably consents to: 6.1.1 their appearance in the Event being filmed, recorded, incorporated and exploited in whole or in part in any television programme, film, video or broadcast of whatever nature by all means and in all media and formats now or invented after the date of these Conditions; and 6.1.2 the use and reproduction of the Participant’s name, likeness, appearance and photographs, films and recordings by all means and in all media for the purpose of advertising, publicity and otherwise in relation to the exploitation of the Event (and future events) and/or the promotion of the Event (and future events) and the commercial rights relating to the Event (and future events) provided that such use does not imply direct endorsement by the Participant of any official sponsor or supplier of the Event.

6.2 Any film, photographs (by camera or mobile phone), or any other recording of moving or still picture, and all intellectual property in connection therewith (including but not limited to copyright) shall remain the property of the Event Organiser, and where such intellectual property does not automatically vest in the Event Organiser, these Conditions shall constitute a legally binding assignment thereof and/or the Participant shall sign all reasonable documentation required to give affect thereto. Accordingly, any such recording shall not be used other than for private use without the Event Organiser’s prior written consent.

6.3 The Event Organiser will use best endeavours to provide an Event finish time for the Participant however it cannot be held responsible for any computer result anomalies or any technical malfunctions.

General 7.1 These Conditions (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 Participant 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 these Conditions or not) other than as expressly set out in these Conditions.

7.2 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.

7.3 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.

7.4 To the extent permitted by law all provisions of these Conditions shall be severable and no provision shall be affected by the invalidity or unenforceability of any other provision with the remaining provisions if necessary, being so amended as shall be necessary to give effect to the spirit of these Conditions so far as possible.

7.5 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 Courts.