Terms & Conditions

SCF (Events) Ltd Terms and Conditions of Entry to RBS Caledonian Challenge 2009 - PLEASE READ THE FOLLOWING TERMS & CONDITIONS CAREFULLY. These terms & conditions govern the relationship between you and SCF (Events) Ltd of Edinburgh, Scotland and referred to here on in as �the organiser�. Each individual participant entering into the RBS Caledonian Challenge must sign up to these terms and conditions. By registering for this event, you agree to be bound by these Terms and Conditions in their entirety.

1.0 The Event Organiser
1.1 The organiser of the RBS Caledonian Challenge 2009 is a company registered in Scotland (No. SC308253) and a wholly owned subsidiary of the Scottish Community Foundation, a charitable company limited by guarantee and registered in Scotland (No. SC152949) and Scottish Charity (No. SC022910), having their registered offices at 22 Calton Road, Edinburgh, EH8 8DP and referred to here on in as �the Foundation�.
1.2 The organiser promotes and organises the Caledonian Challenge under agreement with the Foundation who have registered the �The Caledonian Challenge� as a trade-mark.
1.3 In organising the RBS Caledonian Challenge, the organiser is not acting as agent for the Foundation and the Foundation is not a party to these terms and conditions. The Foundation assumes no responsibility for the RBS Caledonian Challenge 2009 and is not a guarantor for the liabilities of the organiser.

2.0 The Contract
2.1 All participants enter into the RBS Caledonian Challenge of their own free will and fully understanding the arduous nature of the event.
2.2 By entering the RBS Caledonian Challenge 2009, you agree to abide by these Terms and Conditions of Entry and any reasonable instructions given to you by the organiser, officials and marshals, before, during or after the event.

3.0 Entry Fee
3.1 A non-refundable entry fee of £150 per participant is payable to the organiser prior to the RBS Caledonian Challenge 2009 as a contribution to the costs of organising the event (see www.caledonianchallenge.com for details of what your entry fee includes).
3.2 Participation in the event will only be confirmed once payment has been received in full by all team members.
3.3 Discounted entry may be available subject to terms and conditions detailed on our website www.caledonianchallenge.com
3.4 Latest entry for the RBS Caledonian Challenge will be 30 March 2009.
3.5 The organiser reserves the right to refuse entry to the event.

4.0 Fundraising
4.1 By entering you are acknowledging that the RBS Caledonian Challenge 2009 is a fundraising event in aid of the Foundation only and you commit to raise with your team-mates a minimum amount equal to at least £2000 per team of 4 (see 12.1), increasing by £500 for each subsequent team member.
4.2 You understand that this is a collective team responsibility regardless of whether you participate in the event or not.
4.3 You agree that the organiser may, at any time, contact any member of your team for information regarding the amount your team has raised.
4.4 The Fundraising Deadline of Friday 31 July 2009 may be extended in special circumstances at our sole discretion.
4.4 You understand that the amount of funds raised by your team is the amount the Foundation receives and can attribute to your team. It does not include the entry fees or Gift Aid claimed by the Foundation, or matched funding from your organisation or company until your minimum fundraising commitment specified in 4.1 is raised (see 5.0).
4.5 You understand that failing to meet your fundraising commitment may result in being asked to make up the shortfall from personal funds and/or refusal of entry into other Foundation events.
4.6 You also agree that you are raising funds for the Foundation exclusively and that no funds raised through your association with this event, including matched funding from your organisation or company, will be paid directly to any charity other than the Foundation.
4.7 You will encourage all your UK tax paying sponsors to sign up to Gift Aid, and ideally to donate online, so that we can minimise our administration costs and claim a further 28% on every donation made.
4.8 By committing to any given fundraising reward package, you agree to change your fundraising commitment to that associated with the chosen reward package.
4.9 The funds raised in sponsorship by you are donations from your sponsors to the Foundation.
4.10 The funds may be held in trust by you for a short period of time and must be passed to the Foundation within 28 days.
4.11 By choosing to raise funds for the Foundation, you are placing yourself in a position of substantial trust and that you have a moral obligation and legal responsibility to acquit the funds you raise and temporarily hold in trust for the charity accurately, honestly, responsibly and in a timely manner
4.12 You may not divert donations intended for the Foundation to cover the costs of your participation.
4.13 When seeking support, any statements you make must make clear that you are raising funds in aid of the Scottish Community Foundation and that you do not represent the charity. Requests for sponsored goods or services which support your participation in the event rather than directly benefiting the charity must make this unquestionably clear.
4.14 Promotional materials for your fundraising events and activities must include the following statements:

�All proceeds/profits will go to the Scottish Community Foundation.�
�The Scottish Community Foundation is a registered Scottish charity (No. SC022910).�
�The Scottish Community Foundation is the only charity in Scotland that is dedicated to strengthening communities by funding small charities and voluntary groups.�

4.15 You may not allow commercial organisations to gain commercial benefit from using the Foundation�s name without written permission from the organiser.
4.16 You are responsible for the safe and legal operation of any events or activities you organise as part of your fundraising campaign. This should be made clear in the event title in any promotional materials by calling the event [Event Name] in aid of the Scottish Community Foundation.
4.17 You agree not to alter the Event name in anyway on any material you produce.
4.18 You agree not to use the Event logo on any material you produce, including use on any social networking websites.
4.19 You may deduct legitimate expenses associated with a fundraising event/activity from the funds generated provided you can produce receipts/records but you are not entitled to award yourself any �fee� for organising the event. To do so would be regarded as setting yourself up as a �Professional Fundraiser� which carries specific and demanding legal requirements and for which you would need a specific letter of authorisation from the charity.

5.0 Matched Funding
5.1 Matched funding can only be applied to an amount equal to or above your minimum fundraising commitment of £500 per person.
5.2 Matched funding should not be included within your minimum fundraising commitment and a matched funding receipt will not be provided until your minimum fundraising commitment has been submitted.

6.0 Fitness
6.1 The RBS Caledonian Challenge 2009 involves strenuous exercise over rugged and remote terrain for a sustained period � including at night � with varying temperatures.
6.2 It is your responsibility to ensure that you are fit enough to participate in the event and you are strongly advised to consult your doctor before
undertaking any exercise and consult a professional fitness coach regarding a suitable training programme.
6.3 The organiser may, at any time, request any medical information or consent from you, including a declaration of fitness, and you will be obliged to provide such information or consent.

7.0 Team Registration
7.1 You are required to register your participation by signing a copy of these Terms & Conditions at team registration immediately prior to the event.
7.2 Registration will take place on Friday 12 June 2009 only, registration WILL NOT take place on the Saturday morning, except by prior arrangement with the organisers who reserve the right to charge a fee for this service.
7.3 You will be required to register as a complete team, including support crew, together at team registration.

8.0 Essential Briefings
8.1 By entering the RBS Caledonian Challenge 2009 you agree to have at least one member of your team attend an essential training/fundraising/safety presentation prior to end of April 2009.
8.2 You are required to attend an Essential Safety Briefing at team registration. All participants will receive or be given access to an �aide memoire� of Emergency Procedures and will have a copy to take on the event itself.

9.0 Support Teams
9.1 You and your team-mates must organise a support team to provide logistical assistance before, during and after the event, including but not limited to: transport to and from the event, transfer of clothing and equipment to allocated checkpoints, monitoring your progress, providing food and refreshments, moral support.
9.2 Your support team must include a minimum of two drivers and no more than one support vehicle at a time at each Checkpoint, unless:
9.2.1 Organisations with 5 or more teams in the event may organise their support collectively, reducing the need for 1 vehicle per team.
9.3 Additional support crew, beyond the minimum, will be charged £20 as a contribution towards the use of facilities at the event.
9.4 You, your team mates and support team are collectively responsible for meeting all associated costs of the Support Team, including but not limited to food, transport, accommodation, vehicle hire, fuel, insurance, road atlas, etc.
9.5 Support teams will register with their walkers as a complete team on Friday 12 June 2009 (see 7.3).
9.6 Each support team member will sign a copy of these Terms & Conditions and these Terms & Conditions will apply mutatis mutandis to each support team member.

10.0 Event Identification
10.1 When you register, you will be issued with a unique participant number and tracking device which you must wear on you until you finish the event or retire from it.
10.2 The participant number must be completed on the reverse with the required information in indelible ink and then attached to your person.
10.3 The tracking device will be attached to your person at team registration. If you lose this prior to finishing or retiring from the event we reserve the right to charge you the replacement cost of £25 for the device.

11.0 The Event
11.1 The RBS Caledonian Challenge is a 24 hour endurance event in arduous terrain undertaken to raise funds for the Foundation. By choosing to start the RBS Caledonian Challenge 2009 or continue to the next checkpoint, you do so through your own choice and entirely at your own risk.
11.2 The organiser is committed to a policy of continuing improvement. Whilst the essence of the challenge will remain unchanged, the details of the event may vary from year to year. You should not presume that features seen on past events will be present in 2009.
11.3 The event is staffed by a number of volunteer marshals who will provide assistance to entrants and support teams.
11.4 If any marshal believes that your safety will be compromised by your continued participation, you will be required to retire from the event by handing over your tracking device. If you ignore the marshals� advice and continue in the event, you will no longer be treated as an official entrant of the RBS Caledonian Challenge 2009.
11.5 You will treat the volunteer marshals with the courtesy and respect that they deserve at all times. The organiser reserves the right to disqualify teams subjecting event personnel to verbal and physical abuse.
11.6 The earliest and latest departure time from each checkpoint will be published on the event website at least one month prior to the event. Please note that whilst every participant will be given at least 24 hours to complete the course, some sections of the course and some checkpoints will close in advance of this deadline. Similarly different sections will open at different times.
11.7 Your start time will be announced by 15 May 2009. It will be allocated according to a number of factors including your estimated completion time, fundraising commitment, funds raised by 30 April 2009 and your stated preference. You are required to give a realistic estimate of your expected completion time when you register and keep this updated as your training progresses. Unrealistic estimates of your completion time may result in you arriving at a checkpoint too early or too late leading to delays or disqualification. When making your travel arrangements to and from the event you should plan to arrive in Fort William in time to register on Friday 12 June and depart from the finish no earlier than 12pm on Sunday 14 June 2009.
11.8 You should note that the weather changes in Scotland can be rapid and severe and you should ensure that you are suitably equipped for an endurance event in these adverse conditions.

12.0 Team Challenge
12.1 The RBS Caledonian Challenge 2009 is a team event. Your team must comprise 4-6 people over the age of 18 years. Your team must start together, stick together, and check-in together at every checkpoint.
12.2 Published results will be based on team times and taken as the check-in time of the last team member at every checkpoint, including the finish.
12.3 For reasons of Health & Safety, individuals within a team should remain within 1 minutes walk of each other or risk disqualification.

13.0 Team Changes
13.1 You may substitute an existing team member or add new team members up to a maximum of 6 per team provided this is done prior to 30 March 2009.
13.2 For any changes made after 30 March 2009, the organisers reserve the right to charge an administration fee of £15 per change.
13.3 No changes are permitted after 29 May 2009.

14.0 Retirement Procedures
14.1 To retire from the event, you, or your support crew, need simply hand-in your tracking device to the next checkpoint. If you reach checkpoint 3 before you retire, you will receive a Bronze medal and if you reach Checkpoint 4, a silver one.
14.2 Teams with three or more remaining participants will be able to continue on the event unaffected. Teams with two or one remaining members will be able to continue, subject to special procedures. Your team will need to find another team to formally adopt it for the remainder of the course. They will buddy your team and monitor it�s progress between checkpoints. This effectively means that the two teams will walk within sight of each other, close enough to call on for help in case of difficulty. The Chief Marshall will need to formally approve this adoption before you leave the checkpoint.
14.3 If at any point you feel you cannot continue to the next checkpoint, you should retire from the event. The best place to do this is at the preceding checkpoint. Before you leave each checkpoint, you should therefore consider whether you can realistically reach the next one.
14.4 Retirement from the event does not invalidate your sponsorship. You are being sponsored to embark upon the challenge, including training and fundraising, not to complete it.

15.0 Environmental Responsibility
15.1 You should be aware that the West Highland Way is a public footpath and other people have an equal right to enjoy its amenities. The footpath passes through beautiful landscapes and you should use your best endeavours to preserve the environment.
15.2 You should minimise the impact of your participation on local communities, especially at night by being quiet.

16.0 Road Crossings
The route crosses several public roads carrying fast moving traffic. Although the organisers may put in place some traffic calming measures, it remains your responsibility to ensure that it is safe for you to cross. All normal road rules apply.

17.0 Event Cancellation
17.1 The organiser reserves the right to amend, postpone, alter, divert, reroute, curtail or cancel the RBS Caledonian Challenge 2009 in response to unforeseen or unavoidable circumstances. Such changes will attempt to preserve the original nature of the challenge as much as possible and you will be notified as soon as possible.
17.2 Our entire liability in respect of all costs and expenses you may incur or have incurred as a result of such changes (including but not limited to accommodation expenses, the cost of purchasing walking equipment, support team and travel costs) shall be limited to the entrance fee you have paid to participate in the RBS Caledonian Challenge 2009. The Entry Fee will only be refunded if we cancel the event. Such refunds will be made directly to the originating account within 28 days of cancellation.

18.0 Participant Cancellation
18.1 Any withdrawal from the RBS Caledonian Challenge 2009 should be advised in writing and acknowledged by the organiser.
18.2 If you withdraw within 14 days of paying your entry fee, your entry fee will be refunded in full.
18.3 If you withdraw prior to 30 March 2009 for any reason, your entry fee will be refunded minus a £50 administration fee.
18.4 If you withdraw prior to 30 March 2009, your entry fee will be refunded in full provided a valid medical certificate is produced.
18.5 Withdrawal prior to 30 March 2009 will reduce the team Fundraising Commitment by £500, thereafter, the team commitment will be reduced by £500 less £60 per 7 days following on from 30 March 2009.
18.6 If you withdraw after 30 March 2009, your Entry Fee will not be refunded. If , however, you can produce a valid medical certificate within 7 days of your withdrawal, you will be entitled to enter the 2010 event free of charge.
18.7 Any entry fee refunds, or part refunds, will be made to the originating account within 28 days of cancellation.

19.0 Exclusion of Liability
19.1 Save in relation to death or personal injury caused by our negligence, we (which includes SCF (Events) Ltd, Scottish Community Foundation and/ or our event sponsors) have no liability to entrants or support teams for any injury, loss, damage, cost, expense or other claims for compensation whatsoever which arise out of, or in connection with, your participation in, or training for, the RBS Caledonian Challenge 2009.
19.2 You and your support team are taking part in the event entirely at your own risk. You and each member of your support team confirm that you understand the risks involved in taking part in the RBS Caledonian Challenge 2009 and accept those risks.
19.3 By signing these terms and conditions, you agree to indemnify us (which includes SCF (Events) Ltd, the Foundation and/or our event sponsors) and bind and oblige your heirs, executors and personal representatives whomsoever to indemnify us and all our officers for all sums that become due by us or individuals in their capacity as our officers, as a result of any loss whether derived from an insurance claim, criminal or civil action, or arbitration, or any of the foregoing which is wholly or partly due to any act or omission on your part and that whether or not your act or omission is deemed to be negligent by any court in Scotland.

20.0 Complaints and Appeals
If a complaint arises against the organiser, this should be made in writing to the organiser who will respond accordingly. Please note that the Event Director�s decision is final.

21.0 Data Protection & Marketing Release
21.1 In the course of registering and participating in the RBS Caledonian Challenge 2009 we will collect personal data from you, your team members and your support members. We may process and use the personal data collected for administrative, research and publicity purposes.
21.2 By entering the event, you give us permission to use your name (and that of your team, team members and organisation that you represent), voice or picture in any broadcast, telecast, advertising material, promotion or other account of the RBS Caledonian Challenge 2009.
21.3 We may also pass your details on to our PR agency who may contact you for promotional purposes.
21.4 We may also use the information for our marketing purposes to send you information about products and services (including those of our sponsors) and future events which we think may be of interest to you, including via electronic communication methods such as telephone, text and email.
21.5 We may also pass on your details to the Foundation who may also choose to contact you for similar reasons and via similar media.
21.6 You are entitled to request access to, and correction of, all your personal data collected by us as well as to require us to delete your data if you no longer want us to process it after having taken part in the event and completed your fundraising. To make such a request, please email us on [email protected]
21.7 It is your responsibility to ensure we have your correct phone number, email and postal address which will be used for the delivery of essential event information prior to the event.

22.0 Severability
In the event that any term or condition contained herein is unenforceable or void by operation of law or as being against public policy or for any other reason then such term or condition shall be deemed to be severed from this Agreement or amended accordingly only to such extent necessary to allow all remaining Terms & Conditions to survive and continue as binding.

23.0 Successors & Assigns
23.1 These Terms & Conditions shall inure to the benefit of and be binding upon the Foundation and the Participant and their respective heirs, legal personal representatives, successors and assigns.
23.2 You may not assign any of your rights or obligations under these Terms & Conditions without the consent of the organiser.

24.0 Errors & Omissions
Although the organiser has made a concerted attempt to verify the accuracy of statements made herein the organiser cannot be held responsible for any error, omission or unintentional misrepresentation that may appear in their published literature.

25.0 Applicable Law
The contract including all matters arising from it is subject to Scottish Law and the exclusive jurisdiction of the Scottish Courts.

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