Terms and conditions

TERMS AND CONDITIONS FOR PARTICIPATION IN THIRD PARTY EVENTS AS A FUNDRAISER FOR THE BRITISH HEART FOUNDATION

These are the terms and conditions (“Terms and Conditions”) that apply to each third party fundraising event in which you are participating as a fundraiser for the British Heart Foundation, a charity with its registered office at Greater London House, 180 Hampstead Road, London NW1 7AW (“BHF”) (each an “Event”).  Participants must agree to the Terms and Conditions before participating in any Event as a fundraiser for the BHF (a “BHF Participant”).

1. The Event
a. The Event is not organised by the BHF but by a third party (“Event Organiser”).
b. Participation in the Event as a BHF Participant is subject to these Terms and Conditions in addition to the Event Organiser’s own terms and conditions, which must be fully complied with at all times.

2. Application
a. An individual may apply to be a BHF Participant in an Event as either:
i. a participant who has secured their own place in the Event directly via the Event Organiser and who has paid all applicable registration fees to the Event Organiser (an “Own Entry Participant”);
ii. a participant with a guaranteed place from the BHF in the Event (a “Guaranteed Participant”); or
iii. a participant who will apply for the opportunity to be offered a place from BHF in the Event (a “Non-guaranteed Participant”).
b. All Non-guaranteed Participants acknowledge and agree that applying to be a Non-guaranteed Participant does not guarantee a place in the Event.

THE FOLLOWING TERMS AND CONDITIONS DO NOT APPLY TO OWN ENTRY PARTICIPANTS
3. Participation
a. Each Guaranteed Participant pledges to raise the minimum sponsorship target (“Minimum Sponsorship”) for the BHF for the Event in which they are participating.  Details of the Minimum Sponsorship for each Event are contained in the specific Event information provided on the events pages of the BHF website at www.bhf.org.uk.
b. Each Non-guaranteed Participant aims to raise the minimum fundraising pledge for the BHF which they have stated in their BHF application form.
c. Each Guaranteed Participant and Non-guaranteed Participant must also register directly with the Event Organiser at least two weeks before the Event Organiser’s advertised registration deadline.  BHF reserves the right to withdraw the place of any Guaranteed Participant or any Non-guaranteed Participant if they have not registered with the Event Organiser in accordance with this condition 3(c) and to offer their place in the Event to another applicant.  If a Guaranteed Participant or a Non-guaranteed Participant loses their place in the Event under this condition 3(c) then they will not be entitled to any refund of the Registration Fee (as defined below).
d. All fundraising activity undertaken as part of the Event must be for the benefit of BHF only.

4. Entry Forms and Fees
a. Each Guaranteed Participant and Non-guaranteed Participant must pay a non-refundable and non-transferable registration fee (and any applicable VAT) (the “Registration Fee”) to BHF prior to participation in the Event.
b. Selection as a Guaranteed Participant or a Non-guaranteed Participant is subject to the payment of the Registration Fee.

THE FOLLOWING TERMS AND CONDITIONS APPLY EQUALLY TO ALL BHF PARTICIPANTS
5. Registration and fundraising
a. All BHF Participants must be registered to take part in the Event with both the BHF and the Event Organiser.  
b. Each BHF Participant must complete a BHF entry form (“Entry Form”).
c. All Entry Forms, including postal Entry Forms, must arrive before the closing date for Event registration.  BHF may at its sole discretion extend the deadline for arrival of Entry Forms for Own Entry Participants.  Proof of postage must be obtained for postal entries and BHF accepts no responsibility for lost, damages, illegible, delayed or mislaid Entry Forms.
d. BHF Participants agree that all funds raised as a result of their participation in the Event shall be raised using legal methods and in compliance with the advice given on the BHF website, www.bhf.org.uk (“Website”) and/or in the information relating to the Event provided to BHF Participants in advance of the date of the Event (“Event Information”).
e. Sponsor forms are posted to participants and an online fundraising page can be set up using this link: Justgiving.com/bhf
f. All funds raised for BHF’s work shall be held on trust by each BHF Participant for BHF and paid to BHF as soon as reasonably possible and in any case within 8 weeks after the date(s) on which the Event is scheduled to take place (“Event Date”).

6. Age of Participants
a. All BHF Participants must be aged 18 or over by the Event Date unless the Event Organiser’s terms and conditions state a different minimum age limit.

7. Health and fitness
a. All BHF Participants take part in the Event at their own risk.
b. BHF understands that heart patients are keen to support the BHF and many are fit enough to take part in Events, however, BHF Participants who have any doubt about their health or have a medical condition that could be affected by exercise, particularly a heart condition, should obtain their doctor’s approval before participating in any Event.
c. BHF shall not be under any obligation whatsoever to process, analyse or otherwise take any action on any medical information disclosed to it either during or after the registration process for an Event.
d. All BHF Participants agree that, as far as they are aware, they are sufficiently fit and physically able to compete in the Event and, to the extent that it may be necessary, they have sought and relied upon any medical advice before the Event Date.  It is each BHF Participant’s own responsibility to assess their fitness and to ensure that they participate only if sufficiently fit.  Should any medical or physical condition arise prior to the Event which is likely to affect a BHF Participant’s ability to compete in the Event, the BHF Participant should withdraw from the Event.

8. Safety
a. All BHF Participants should ensure that any equipment or clothing used is in good condition and suitable for the Event.
b. Participants acknowledge and agree that because Events often take place in public spaces and because BHF is not responsible for organising the Event, BHF cannot be held liable for any damage caused outside of its direct control.

9. Insurance
a. BHF 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. Participants shall be responsible for arranging their own suitable and adequate insurance protection to cover their participation in the Event, including without limitation cover:
i. for material loss/damage to any equipment they may use in the Event or personal property (including clothing);
ii. any loss or damage they may cause to a third party;
iii. sickness; or 
iv. negligence of any party.

10. Liability
a. Subject to paragraph 10(b), neither BHF nor its agents or representatives shall be liable for:
i. any injury or accident causing loss or damage to a BHF Participant or any third party where this is sustained as a result of a BHF Participant taking part in the Event; or
ii. any loss or damage sustained by a BHF Participant as a result of: the cancellation of the Event for any reason; any changes made to the Event for safety or any other reasons; or any circumstances beyond the control of BHF.
b. Nothing in these Terms and Conditions shall limit or exclude BHF’s liability in respect of death or personal injury sustained as a direct result of:
i. the negligence, breach of statutory duty or fraudulent misrepresentation of BHF, its agents or representatives; or 
ii. a deliberate act or omission of BHF, its agents or representatives.
c. BHF Participants and their friends and family members who attend the Event do so entirely at their own risk.  
d. Each BHF Participant is responsible for his/her actions whilst attending or participating in the Event. This includes at the Event start point, during the Event and at the completion point. BHF accepts no responsibility for the actions of a BHF Participant nor the consequences of such actions.

11. Withdrawal and Refunds
a. No Registration Fee will be refunded in the event that a BHF Participant elects not to participate in the Event for any reason.
b. Registrations to participate in the Event are non-transferable to another year. Participation in the Event is personal to each BHF Participant and BHF Participants are strictly prohibited from swapping, selling or transferring their place in the Event or allowing any other person to participate in their place.
c. BHF Participants must send written confirmation of their withdrawal via letter or email to the BHF address or email address contained in the Event Information. 
d. BHF, the Event Organiser or its or their agents or representatives reserve the right to refuse entry to the Event or ask a BHF Participant to cease participation if a BHF Participant:
i. fails to follow instructions given by Event officials;
ii. attempts to participate in the Event in a manner that BHF or the Event Organiser or its or their agents or representatives, acting reasonably, believes:
1. may cause injury to the BHF Participant;
2. may cause injury to another BHF Participant;
3. may damage or harm the environment;
4. is likely to cause offence; or
5. otherwise cause a risk or potential risk to health and safety.
iii. is, in the opinion of BHF, the Event Organiser or its or their agents or representatives, unfit to participate in the Event due to:
1. the consumption of alcohol;
2. the use of drugs;
3. an injury or illness; or
4. failure to arrive at the start check in at the specified time. 

12. Cancellation and Changes to the Event
a. The Event Organiser may cancel the Event in accordance with their terms and conditions. If the Event is cancelled for any reason then BHF will have no responsibility for any costs incurred as a result of such cancellation, including any travel or accommodation costs. Registration fees are non-refundable and any refund offered will be at the absolute discretion of BHF.
b. All BHF Participants acknowledge and agree that the organisation and staging of the Event is under the control and direction of the Event Organiser and the Event Organiser’s terms and conditions will apply in respect of any cancellation, alteration or re-scheduling of the Event, including the giving of any notice in respect of any change or cancellation.  
c. BHF will use its reasonable endeavours to communicate any changes to the Event to each BHF Participant at the Event or sooner if practical.
d. If the Event is cancelled for any reason, BHF will, upon the written request of the payee, return any sponsorship money paid.  BHF is unable to refund the Registration Fee.

13. Photos and Publicity
a. Photographs and films will be taken throughout each Event by BHF and/or its contractors and/or its agents. All BHF Participants consent to all and any use in any current or future media by BHF and/or its group companies of any photographs, images and/or films in which they feature.
b. Photographs of children will not be used in this manner without express written consent unless the images are incidental, for example, children’s images at the start line within the crowd. 
c. All BHF Participants acknowledge and agree that no payment will be made to any BHF Participant for the use of any photographs, images or films in which they may feature.

14. Data Protection
a. Each BHF Participant agrees that information provided to BHF in connection with Events may be used by BHF in accordance with prevailing data protection legislation.
b. BHF will use the information provided by BHF Participants to register applicants for Events, process registrations applications and manage the BHF Participant’s involvement in the Event.  BHF will keep the BHF Participant up to date with BHF activities or provide any other information in accordance with their stated preferences.
c. Each BHF Participant will agree to provide emergency contact information when registering for an Event.

15. Acceptance of these Terms and Conditions
a. By registering with BHF to participate in the Event, a BHF Participant agrees to be bound by these Terms and Conditions.
b. If any provisions in these Terms and Conditions, whether in full or in part, is held to be invalid or unenforceable, all other remaining provisions (in full or in part) shall continue to be valid and enforceable.  
c. BHF may vary these Terms and Conditions from time to time and the up to date terms shall be available on the Website.
d. These Terms and Conditions and any dispute or claim that arises out of or in connection with them is governed by and construed in accordance with the law of England and Wales.  The courts of England and Wales have exclusive jurisdiction to settle any dispute or claim that may arise out of or in connection with these Terms and Conditions.