terms & conditions
These terms and conditions govern the Event and your use of our Website; by applying to enter the Event and completing the Event Registration Form, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not apply to enter the Event.
In these conditions:
‘Participant’, ‘you’ and ‘your’ refers to the person applying to enter the Event.
‘The Gert Lush’, ‘we’ ‘us’ and ‘our’ refers to Yipp Films Ltd company registration number 3549317 whose registered address is at 63 Sefton Park Road, Bristol, BS7 9AN
‘Event’ means the cycling event we have organised which is described in the Event Registration Form and on this Website.
‘Event Registration Form’ means the form which you have completed to apply to enter the Event whether in writing or online through the Website
‘Event Conditions’ means our Event conditions set out below as well as these terms and conditions and any other conditions brought to your attention by us
‘Material’ means any documents or other materials, and any data or other information provided by us relating to the Event
‘Website’ means www.thegertlush.com only.
3. The Event
3.1 We shall organise the Event subject to these terms and otherwise in accordance with the provisions contained or referred to in the Website or other Material.
3.2 The Event Conditions shall form part of these terms and conditions
3.3 We may correct any typographical or other errors or omissions in the Website or other Material relating to the provision of the Event without any liability to you.
3.4 We may at any time make any changes to the Event which are necessary to comply with any statutory requirements or which do not materially affect the nature of the Event.
3.5 We shall only organise the Event. Nothing shall create, or be deemed to create, the relationship of buyer and seller, principal and agent or partnership between you and us.
4. Licence to use Website
4.1 Unless otherwise stated, we own the intellectual property rights in the Website and Material. Subject to the licence below, all these intellectual property rights are reserved.
4.2 You may view, download for caching purposes and print pages from the Website and use the Material for your own personal use and in order to advertise and promote the Event, subject to the restrictions set out elsewhere in these terms and conditions but you must not reproduce, duplicate, copy or otherwise exploit Material on our Website or elsewhere for a commercial purpose edit or otherwise modify the Website or any such Material.
5. Acceptable Use
5.1 You must not use our Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
5.2 You must not use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
5.3 You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website without our express written consent.
5.4 You must not use our Website to transmit or send unsolicited commercial communications.
5.5 You must not use our Website or Material for any purposes related to marketing without our express written consent.
6. Limited warranties
6.1 We do not warrant the completeness or accuracy of the information published on this Website or in the Material; nor do we commit to ensuring that the Website remains available or that the Material on the Website or otherwise is kept up-to-date.
6.2 To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this Website and the use of this Website and the Material (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
7. Limitations and exclusions of liability
7.1 Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.
7.2 The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
7.3 To the extent that the Website and the information and services on the Website and Material are provided free-of-charge, we will not be liable for any loss or damage of any nature.
7.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
7.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
7.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
7.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
9. Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.
10. Force Majeure
The Gert Lush shall not be liable to the other for any loss or damage costs expenses or other claims for compensation arising as a direct or indirect result of breach or non performance of its obligations under this Agreement due to any cause beyond it’s reasonable control including without limitation to any act of God war military operations riot accident failure or shortage of power supplies abnormally inclement weather fire flood hurricane drought explosion lightning strike lock out trade dispute or labour disturbance the act or omission of or refusal of any licence or permit by any Government or other competent authority
We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our Website and Material from the date of the publication of the revised terms and conditions on our Website. Please check the Website pages regularly to ensure you are familiar with the current version.
12.1 We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
12.2 You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
14. Exclusion of third party rights
These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.
15. Entire Agreement
16. Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
The Terms and Conditions detailed below apply to all entrants participating in The Gert Lush events.
Completion of an entry form or purchase of an entry by every participant acknowledges acceptance of these Terms and Conditions by the participant.
The participant accepts that the event they are entering is not a race in any format. Results will be published in alphabetical order only and anyone considered to be competing against others, will be disqualified and banned from entering future events.
The participant is fully responsible for their actions whilst attending the event.
This includes the event centre and during the ride itself. The Gert Lush does not accept responsibility for the actions of the participant nor the consequences of such actions.
Each participant, upon signing the registration form, agrees that they are physically and mentally capable of riding the distance they have chosen. If, during the event, they decide to change their route and distance, then all consequences of this action are theirs.
The Event Registration Form must be completed by a person aged 18 years or over.
Evidence of age may be requested. Participants under the age of 18 years will be allowed to participate in some events with the consent of their parent or legal guardian who must sign the Event Registration Form on behalf of the under age rider and shall be deemed to have accepted these terms and conditions on his or her behalf. Signing is also an acceptance for the actions and consequences of the underage rider. Under 16′s need to be accompanied at all times by an adult who is responsible for them.
You will also be provided with an entrant number. You are required to complete the reverse side of the entrant number with notification of any medical condition or other issue which needs to be brought to the attention of anyone treating you. You are also required to enter the name and contact number of your next of kin
Each participant accepts full responsibility for any fees or costs incurred or arising from the need for repatriation. Either from the UK or back to the UK for non-UK events.
It is mandatory that all riders wear a safety approved cycling helmet complying with latest ANSI Z90/4 or SNELL standards. Any rider not wearing a helmet will not be covered by the event insurance and will be disqualified from the event and could be liable for damages if involved in an accident on that basis. The rider must accept this as a condition of entry. The Gert Lush reserves the right to refuse entry to the event to anyone with inappropriate equipment or clothing. The participant confirms that the cycle/bike they are riding for the event and all of their equipment is of a suitable standard and state of trail/road worthiness. In particular, the ability to complete longest distance, and over rough terrain dependent on the event.
Helmet exclusions for vintage events. The Gert Lush accepts that it is not standard practice throughout Europe to require compulsory helmet use during historic cycle events. Such events will be designated ‘helmets advised’ for riders aged 18 and over. All riders under the age of 18 but above the age of 16 must wear an approved hard shell helmet unless a waiver has been signed by a parent / guardian. The use of a hard shell helmet will remain compulsory for all riders under 16 years.
Please, however be aware that the Highway Code suggests that cyclists should wear a cycle helmet “which conforms to current regulations, is the correct size and securely fastened.” Although a failure on the part of a person to observe any provision of the Highway Code does not of itself render that person liable to criminal proceedings of any kind, any such failure may be relied upon as tending to establish or negate any liability which is in question in either criminal or civil proceedings.
During the event there will be warning signs at appropriate points on the trails or roads. Absence of these signs does not signal there are no dangers approaching and it is the individual rider’s responsibility to make a decision regarding whether to ride a section or not. The marking of the route does not necessarily indicate that the trail or road is rideable and the participant is deemed to make their own decision about whether to proceed on bike, foot or not at all. Riders should not assume that other road users have seen or will respond appropriately to warning signs.
The Participant agrees to receive Pre Event and promotional communications from The Gert Lush and selected partners via email. Promotional Emails can be unsubscribed with ease.
Any marked route is shown for guidance only and The Gert Lush do not insist that you use the route shown. Therefore, if the rider chooses to ride a section, it is entirely their own choice. If they choose a different route to avoid obstacles or sections they decide are beyond their capabilities, they do so entirely at their own risk.
You must obey all Highway Code rules. This is an ‘Open Road’ event and you share the road with other users. You are requested to ride in single file where appropriate and no more than 2 abreast at any time. Please be aware of your fellow cyclists and any other traffic. Leave spaces between groups of cyclists to allow cars to overtake safely. Please always indicate your intention to stop or change direction. All cyclists must adhere to and obey the Highway Code, local Bylaws and laws of England, Scotland, Wales and N. Ireland where applicable and extend all reasonable courtesy to other road and off road users.
The Gert Lush reserves the right to shorten or alter the published route at anytime in the interests of safety or public convenience. Participants do not have the right to claim a refund if the route is shortened.
Riders must be considerate to other uses of bridleways, tracks and byways when riding off road. Upon seeing other users, such as horse riders and walkers, riders are required to slow down and pass with care. Where appropriate, riders should stop and wait at the side of the route for other uses such as horse riders to pass safely.
Each participant will be fully responsible for any fees or costs incurred or arising from an accident either involving or caused by the rider. This includes, but is not exclusive to, fees from Police, Air Ambulance, Fire and Rescue and the Ambulance service in and outside the UK. If the situation arises that you are not capable of making the decision to call the emergency services, the rider agrees that a member of The Gert Lush or a member of the public may call for them. In this situation, the rider still accepts the costs and consequences of such actions.
Each participant agrees to assign and grant the right and permission for The Gert Lush to use and publish any photographs/film/video/electronic representations and/or sound recordings of the participant on any The Gert Lush activity. The participant hereby releases The Gert Lush from any and all liability from such use and promotion. The participant hereby authorises the reproduction, sale, copyright, exhibit, broadcast, electronic storage and/or distribution of said photographs/film/video tapes/electronic representations and/or sound recordings without limitation at the discretion of The Gert Lush. The participant specifically waives any right to any compensation they may have for appearing in any of the photographs/film/video/electronic representations and/or sound recordings of the participant at a The Gert Lush event.
The participants agree to return or call the event centre before the close of the event and report to a member of staff. Not doing so will mean that a search may be organised and the subsequent cost will be billed to the rider.
Event entry fees cannot be refunded or transferred under any circumstances.
The Gert Lush reserves the right to cancel any event, due to extreme weather conditions. No refunds will be issued unless specifically stated in the Material.