By entering into any events by Rough Runner 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.
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.
“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 Rough Runner 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 Rough Runner Limited and its affiliates and its and their respective directors, officers, employees, agents, contractors, insurers, spectators, equipment suppliers, and volunteers – everyone associated with Rough Runner Limited; VENUE and its directors, officers, employees, agents, contractors, insurers, equipment suppliers, and volunteers – everyone associated with the VENUE; all Rough Runner 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 Rough Runner Limited or the Released Parties on my behalf.
“RR event” is the Rough Runner event organised by Rough Runner Limited that is taking place at the Venue further described below in the paragraph headed “Assumption of Inherent Risks”;
“Rough Runner Limted” is a limited company whose registered company number is 08954089 and whose registered office is at C/O THE OLD CHURCH, 32 BYRON HILL ROAD, HARROW ON THE HILL, MIDDLESEX, UNITED KINGDOM, HA2 0HY.
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.
The Rough Runner event (hereafter referred to as the “RR 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 RR 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 RR Event include runs, military style obstacles, inflatable obstacles, and generally any challenge Rough Runner 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 RR event is a hazardous activity that presents a hard, physical and mental challenge to participants.
Rough Runner Limited will use reasonable care and skill to provide a Venue that is fit and suitable for the RR event bearing in mind the paragraph above.
I acknowledge that the RR 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 RR event) regardless of the care, measures and precautions taken by Rough Runner Limited 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 RR 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:
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 RR 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 RR event course, facilities or equipment are unsafe or pose unreasonable risks, I agree to immediately notify appropriate Rough Runner Limited 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 RR event and assert that I am willingly and voluntarily participating in the RR event. I have read the preceding paragraphs and acknowledge that:
Limitation of Liability I hereby forever waive, release, covenant not to Claim, and discharge Rough Runner Limited and the other Released Parties from any and all Claims that I may have arising out of my participation in the RR event:
EXCEPT THAT nothing in this Agreement shall limit or exclude either Rough Runner Limited 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 Rough Runner Limited and/or the Released Parties for death or personal injury caused as a result of the negligence of Rough Runner Limited and/or any of the Released Parties (as applicable).
Indemnity I hereby agree to reimburse Rough Runner Limited and the other Released Parties in respect of:
EXCEPT FOR Claims arising from either Rough Runner Limited’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 RR event.
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 Rough Runner Limited relating to its subject matter, and cannot be modified or changed in any way by representations or statements by any agent or employee of Rough Runner Limited. I agree that this Agreement may only be amended by a written document duly executed by Rough Runner Limited on giving me at least 30 days written notice prior to the date of the RR event. If I do not agree to the amended terms of this Agreement I must let Rough Runner Limited know in writing at least 7 days before the date of the RR event (“Refusal”) and I acknowledge that I shall not be permitted to take part in the RR 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 Rough Runner Limited 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.
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.
Entry and Participation Agreement
Rules: I agree that my participation in a Rough Runner event and related activities (“RR event”) is subject to:
Emergency Delay or Cancellation: I acknowledge that Rough Runner Limited at its sole discretion may delay, modify, or cancel the RR event if conditions or natural or man-made emergencies make administering or holding the RR 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 RR 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) Rough Runner Limited cancels or materially delays or alters the RR event, 2) Rough Runner Limited makes a significant change to the Venue, or 3) Rough Runner Limited changes the date of the RR event so that I am no longer able to attend.
In circumstances (1), (2) or (3) above, Rough Runner Limited may offer me the right to attend a different RR event in the UK at no additional charge (and if I agree to this, I shall not be entitled to any refund). Alternatively Rough Runner Limited may issue me with a refund of my event fee at Rough Runner Limited’s sole discretion acting reasonably. Refunds can take several months to process and Rough Runner are under no obligation to offer refunds within any specific time frame, however it can take up to 12 months in certain circumstances to fully process refunds on a mass scale. Refunds generally are carried out manually by Rough Runner staff, so rude, offensive or objectionable emails will not speed up the process or make a refund more likely – they will in fact do the opposite. Any particularly unpleasant correspondence will result in no further communication from Rough Runner, and no refund.
If I am unable to attend a RR 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 RR event, Rough Runner Limited 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 RR event or Venue: I acknowledge that Rough Runner Limited personnel and/or Venue personnel may prohibit or stop anyone from taking part in the RR 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 behavior endangers safety or negatively affects that person, any other person, facility, or property of any type or kind.
Attitude and Behavior: On the day of the RR 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 RR 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 RR 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 RR event.
Specific Rules: I acknowledge and agree that on the day of the RR 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 Rough Runner 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 Rough Runner Limited and Venue personnel and all Rough Runner Limited and Venue rules and regulations.
Photography: I understand that any and all photographs, motion pictures, recordings, and/or likenesses of me captured during the RR event by Rough Runner Limited, its affiliated entities or contractors, and/or the media (“Relevant Other Parties”) become the sole property of Rough Runner Limited 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 Rough Runner Limited and RR events, without prior notice or compensation. I further understand that Rough Runner Limited 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 Rough Runner Limited 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 Rough Runner Limited and RR events without prior notice or compensation.
By entering into any Rough Runner events, you confirm that you are 16 years or over.