• .
  • .
  • .
  • .
  • .
  • .
  • .

Terms and Conditions

Agreement between the Brutal 10 management and user

The Brutal 10 Web Site is comprised of various Web pages operated by Brutal 10.
The Brutal 10 Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Brutal 10 Web Site constitutes your agreement to all such terms, conditions, and notices.
Terms of entry to any Brutal 10 event

Race Disclaimer

All Brutal 10 events are either multi-disciplined or single sport events involving one or all of the following: swimming, mountain biking and running.
Events are held on terrain of a cross country or off road nature.
Consequently there are risks that competitors will be exposed to that are not common to usual triathlon, duathlon, aquathon and runs.
In the act of filling out and submitting the entry form and paying the entry fee, competitors are deemed to have accepted the inherent risks of cross country racing and the consequences of such risks, that they will undoubtedly be exposed to.
As such competitors enter the race entirely at their own risk.

Swim events or events including a swim element

The swim is in open water.
Throughout the year prior to the event, other parties and wildlife use the water.
As such the water is exposed to the risk of contamination caused by this use, is shallow in parts and has an uneven and rocky bed.
Brutal 10 will do all that is reasonable to monitor these risks.
Brutal 10 reserves the right to cancel the event at short notice if it believes the water is unfit to swim in, or may substitute the swim element for another sport e.g. running.
No refunds will be given should this eventuality arise.

Mountain bike events or events including a bike element

The mountain bike route in any Brutal 10 event follows a course over rough and undulating terrain.
The land used by competitors is also used by dog walkers, dogs, horse riders and a marshal on a quad bike.
As such, competitors should expect to encounter steep drop offs, up hill sections, roots, mud, rocks, fellow competitors, dog walkers, dogs, horse riders and the marshal on a quad bike.
Brutal 10 will not be held responsible for any injury incurred whilst negotiating these obstacles of this nature.
Competitors must adhere to the course markers and to any warning signs on the land.
Brutal 10 will not be held responsible for any injury incurred by competitor or spectator that is caused by the act of ignoring such warning signs.

Run events or events including a run element

The run route in any Brutal 10 event follows a random course over rough and undulating terrain.
The land used by competitors is also used by dog walkers, dogs, horse riders and a marshal on a quad bike.
As such, competitors should expect to encounter steep drop offs, up hill sections, roots, mud, rocks, fellow competitors, dog walkers, dogs, horse riders and a marshal on a quad bike.
Brutal 10 will not be held responsible for any injury sustained whilst negotiating these obstacles and aids of this nature.
Competitors must adhere to the course markers and to any warning signs on the land.
Brutal 10 will not be held responsible for any injury sustained by competitor or spectator that is caused in the act of ignoring such warning signs

Competitors and Spectators

Brutal 10 will do all that is reasonable to ensure the safety of competitors and spectators. Course markers are in place to guide competitors and to separate competitors from spectators. An ambulance or first aid crew are also in place for both competitor and spectator.
Parents of spectating children and adults charged with the supervision of spectating children must ensure their children are supervised at all times. If spectators choose to bring their pets, the pets must be kept under control at all times. Whilst Brutal 10 seeks to provide a safe and spectator friendly environment, Brutal 10 will not be held responsible for any injury sustained by any child, supervised or not. As such spectators and competitors should adhere to the course markers and obey instructions of the marshals. Brutal 10 will not be held responsible for any injury sustained by competitor or spectator that is caused in the act of ignoring such warning signs and instructions.

Terms of entry

It is the competitors responsibility to ensure they are physically fit prior to race day
Competitors with a cold or flu should not take part.
Brutal 10 reserves the right to cancel the race due to disease, pestilence and adverse weather conditions. No refund will be given in such circumstances. A 50% refund will be given if the race is cancelled at short notice due to the army conducting exercises on the land.

Personal data

Brutal 10 periodically sends electronic newsletters highlighting details of Brutal 10 events, race reports and other related information. If you do not want us to use your personal data to contact you by electronic means (e-mail or SMS) with such information please contact us at info@brutalrun.co.uk or use the unsubscribe links found on each newsletter e-mail.
Publicity: The Competitor irrevocably consents to (a) his/her 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 (b) the use and reproduction of the Competitor’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 Competitor of any official sponsor or supplier of the event. 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 Brutal 10, and where such intellectual property does not automatically vest in Brutal 10, these conditions shall constitute a legally binding assignment thereof and/or the Competitor shall sign all reasonable documentation required to give affect thereto. Accordingly any such recording shall not be used other than for private use without Brutal 10′ prior written consent.
Results. Brutal 10 will use best endeavours to provide an event finish time for the Competitor however it cannot be held responsible for any computer result anomalies or any technical malfunctions.

Race refund policy

Organising an event requires forward planning, which in turn requires many costs up front. Paying for marketing, and race material in advance of an event is a risk. Similar to buying a rugby match ticket, and not attending, by entering an Brutal 10 race, we cannot offer a refund.
With this in mind we are happy to offer the following refund policy:
# Between registration and up to 60 days before race day – 50% refund less transaction charge or free name transfer.
# Between 59 days and race day – There’s no refund and you can request a free of charge, name transfer.
# You can transfer your entry to an other athlete provided you email Brutal 10 and state who’s being replaced by who and to include all relevant and reasonable information.
# You can not transfer your name to another event or be issued with a credit note.

Modification of the terms of use

Brutal 10 reserves the right to change the terms, conditions, and notices under which the Brutal 10 Web Site is offered, including but not limited to the charges associated with the use of the Brutal 10 Web Site.

Links to third party sites

The Brutal 10 Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Brutal 10 and Brutal 10 is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Brutal 10 is not responsible for web casting or any other form of transmission received from any Linked Site. Brutal 10 is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Brutal 10 of the site or any association with its operators.

No unlawful or prohibited use

As a condition of your use of the Brutal 10 Web Site, you warrant to Brutal 10 that you will not use the Brutal 10 Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Brutal 10 Web Site in any manner which could damage, disable, overburden, or impair the Brutal 10 Web Site or interfere with any other party’s use and enjoyment of the Brutal 10 Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Brutal 10 Web Sites.

Use of communication services

The Brutal 10 Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
Brutal 10 has no obligation to monitor the Communication Services. However, Brutal 10 reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Brutal 10 reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Brutal 10 reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Brutal 10′s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Brutal 10 does not control or endorse the content, messages or information found in any Communication Service and, therefore, Brutal 10 specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Brutal 10 spokespersons, and their views do not necessarily reflect those of Brutal 10.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Materials provided to Brutal 10 or posted at any Brutal 10 website

Brutal 10 does not claim ownership of the materials you provide to Brutal 10 (including feedback and suggestions) or post, upload, input or submit to any Brutal 10 Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Brutal 10, its affiliated companies and necessary sublicenses permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Brutal 10 is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Brutal 10′s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Liability disclaimer
The information, software, products, and services included in or available through the Brutal 10 web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Brutal 10 and/or its suppliers may make improvements and/or changes in the Brutal 10 web site at any time. Advice received via the Brutal 10 web site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
Brutal 10 and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Brutal 10 web site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Brutal 10 and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall Brutal 10 and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Brutal 10 web site, with the delay or inability to use the Brutal 10 web site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Brutal 10 web site, or otherwise arising out of the use of the Brutal 10 web site, whether based on contract, tort, negligence, strict liability or otherwise, even if Brutal 10 or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Brutal 10 web site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Brutal 10 web site.

Termination/access restriction

Brutal 10 reserves the right, in its sole discretion, to terminate your access to the Brutal 10 web site and the related services or any portion thereof at any time, without notice. Use of the Brutal 10 web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Brutal 10 as a result of this agreement or use of the Brutal 10web site. Brutal 10′s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Brutal 10′s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Brutal 10 web site or information provided to or gathered by Brutal 10 with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Brutal 10 with respect to the Brutal 10 web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Brutal 10 with respect to the Brutal 10 web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

Copyright and trademark notices

All contents of the Brutal 10 web site are: and/or its suppliers. All rights reserved.
Trademarks
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
Notices and procedure for making claims of copyright infringement
Pursuant to title 17, united states code, section 512(c)(2), notifications of claimed copyright infringement under united states copyright law should be sent to service provider’s designated agent. All inquiries not relevant to the following
Procedure will receive no response. See notice and procedure for making claims of copyright infringement.

A taster of what to expect

December 2011

Canicross