Tough Mudder Ireland Weekend 2020

Saturday 5k Individual

Note in using your Discount Code, your details will be passed onto the relevant Charity/Gym or Corporate group for use on this event only.

By creating or joining a team you consent to giving Tough Mudder Ireland permission for us to share your details with the relevant Charity, Gym or Corportate Team

If you're under the age of 18, you will need to participate with a chaperone. Please provide us with your participating chaperone's name (must be 18+)

UNDER 18 WAIVER
 
Tough Mudder Limited
Participant Legal Liability Agreement 
PARTICIPANTS:  READ THIS DOCUMENT CAREFULLY BEFORE SIGNING.  THIS DOCUMENT HAS LEGAL CONSEQUENCES. IT WILL AFFECT YOUR LEGAL RIGHTS AND WILL LIMIT YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS. 
NOTE TO MINORS AGED 14 to 17: If you are 14 to 17 years old on the date you sign this Agreement you may only participate in the Tough Mudder event if you are accompanied by an adult aged 18 or over.  You must also obtain your parent or legal guardian's written consent to the terms of this Agreement to participate in the Tough Mudder Event.
NOTE TO PARENTS/GUARDIANS OF MINORS AGED 14 to 17: If you are a Parent or Guardian of a Participant who is aged 14 to 17 on the date they sign this Agreement, then by signing this Agreement you are consenting to the Minor's participation in the Tough Mudder event and you are agreeing to the terms, conditions and limitations on our liability which are set out in this Agreement.  
Definitions and Interpretation
"Agreement" means the terms of this Participant Legal Liability Agreement;
ìTMLî is Tough Mudder Limited, a limited company whose registered company number is 07202563 and whose registered office is at C/O Penningtons Solicitors LLP, Abacus House, 33 Gutter Lane, London EC2V 8AR; 
ìClaim(s)î means all claims and actions for losses, costs, expenses and damages, including legal fees and related expenses;  
ìI/me/my/myself /Participant /youî means the participant in the TM event who has signed this Agreement and is named below;
ìInherent Risksî are described below in the paragraph headed ìAssumption of Inherent Risksî;
ìTM eventî is TML's Tough Mudder event that is taking place at the Venue further described below in the paragraph headed ìAssumption of Inherent Risksî;
"Minor" means the Participant in the TM event who is aged 16 or 17 on the date of their signature of this Agreement;
"Parent / Guardian" means the Minor's parent or legal guardian who has signed this Agreement and is named below;
"Released Parties" are together TML and its affiliates and its and their respective directors, officers, employees, agents, contractors, insurers, spectators, co-participants, equipment suppliers, and volunteers; Venue and its directors, officers, employees, agents, contractors, insurers, equipment suppliers, and volunteers; all TML 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 myself, as well as 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 TML or the Released Parties on my behalf. 
ìVenueî means the entity who owns the venue where the TM Event is taking place.  
ï 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. 
ï References to "Parent / Guardian" in this Agreement are only applicable if the participant is a Minor
Assumption of Inherent Risks
The Tough Mudder event (hereafter referred to as the ìTM eventî) is meant to be an extreme test of toughness, strength, stamina, camaraderie, and mental grit that takes place in one place in one day. It is not a race against other contestants, but rather a competition with between oneself and the course. The object is to complete the course. The Venue is part of the challenge and the TM event will usually be held in hostile environments that might include extreme heat or cold, snow, fire, mud, extreme changes in elevation, and water. Some of the activities include runs, military military-style obstacles, going through pipes, traversing cargo nets, climbing walls, encountering electric voltage, swimming in cold water, throwing or carrying or getting hit with heavy objects, and traversing muddy areas. In summation, the TM event is a hazardous activity that presents the ultimate physical and mental challenge to participants. 
TML will use reasonable care and skill to provide a Venue that is fit and suitable for the TM event bearing in mind the paragraph above.
I and Parent / Guardian acknowledge that the TM event is an extreme test of my physical and mental limits that carries with it inherent risks of physical injury. Inherent risks are risks that cannot be eliminated completely (without changing the challenging nature of the TM event) regardless of the care, measures, and precautions taken by TML and are further described below (ìInherent Risksî). I and Parent / Guardian also understand that it is an extremely strenuous event and that there are risks and dangers generally in taking part in such activities. I and Parent / Guardian understand that these hazards may be magnified due to the fact that the TM event is often conducted under what may be extreme conditions and circumstances.  
I and Parent / Guardian understand and acknowledge that the Inherent Risks include, but are not limited to:  
1) my contact or collision with other persons or objects (e.g. with spectators or course personnel, other participants, motor vehicles, machinery, or  natural or man-made fixed objects or obstacles); 
2) my encounter with TM event obstacles (e.g. natural and man-made water, road and surface hazards, close proximity and/or contact with thick smoke and open flames, barbed wire, pipes, and electric shocks); 
3) extremely challenging course conditions; 
4) weather-related hazards (e.g. extreme heat, extreme cold, humidity, ice, rain, fog); 5) judgment and/or behaviour related problems by me during the event; 
6) erratic or inappropriate co-participant behaviour; and 
7) natural hazards (e.g. uneven terrain, rock falls, lightning strikes, earthquakes, wildlife attacks, contact with poisonous plants, marine life and/or ticks).
I and Parent / Guardian further understand and acknowledge that any of these risk and, others, not specifically named, may cause injury or injuries that may be categorized as minor, serious, or catastrophic. 
Minor injuries are common and include, but are not limited to: scrapes, bruises, sprains, strains, muscle tension and soreness, nausea, cuts, sunburn, abrasions, grazes, lacerations, and contusions. 
Serious injuries are less common, but do sometimes occur. They include but are not limited to property loss or damage, broken bones, fractures, torn or strained ligaments and tendons, concussions, exposure, dehydration, heat exhaustion and other heat-related illnesses, mental stress or exhaustion, infection, vomiting, dislocations, hyperthermia, hypothermia, anemia, electrolyte imbalance, loss of consciousness, syncope, dizziness, fainting, seizures, electric shock and/or injury, and neurological disorders/pain. 
Catastrophic injuries are rare; however, we feel that our participants should be aware of the possibility. These injuries can include, but are not limited to, permanent disabilities, stroke, single or multiple organ failure or dysfunction, physical damage to organs, spinal injuries, paralysis, heart attack, heart failure, blood cell disorder, brain swelling, and even death.
I and Parent / Guardian understand fully the Inherent Risks involved in the TM event and assert that I am/are willingly and voluntarily participating in the TM event. I and Parent / Guardian have read the preceding paragraphs and acknowledge that:
1) I and Parent / Guardian understand the nature of the TM event; 
2) I and Parent / Guardian understand the demands of the activities at the TM event relative to my physical condition;  
3) I and Parent / Guardian appreciate the potential impact of the types of injuries that may result from my participation in the TM event; and  
4) I and Parent / Guardian hereby confirm that I and Parent/Guardian each knowingly assume all of the Inherent Risks by participating in the TM event.   
5) I and Parent / Guardian understand that TML recommends that I and Parent / Guardian check that I have health insurance which covers any injuries I  may suffer as a result of participating in the TM event. 
I and Parent / Guardian understand that it is my and Parent/Guardianís responsibility to consult with my general practitioner (ìGPî) prior to participating in the TM 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 or Parent / Guardian believe or become aware that any aspects of the TM event course, facilities or equipment are unsafe or pose unreasonable risks, I and/or Parent / Guardian (as applicable) agree to immediately notify appropriate TML and/or Venue personnel. I and Parent / Guardian each accept that I am fully and solely responsible for the condition and adequacy all of my own equipment that I bring to the Venue.
I and Parent / Guardian have each read the preceding paragraphs. 
I confirm that I understand fully the Inherent Risks of my participation in the TM event. 
AND
Parent / Guardian confirms that he/she fully understands the Inherent Risks of the Minorís participation in the TM event.
Limitation of Liability 
I and Parent / Guardian each hereby forever waive, release, covenant not to Claim, and discharge TML and the other Released Parties from any and all Claims arising out of my participation in the TM event: 
      1)  resulting from the Inherent Risks e.g. for personal injury (including death) from incidents or illnesses arising from participation in the TM event, which may include injury caused during practice runs, the TM event, and while at  the Venue location (including, but not limited to base area, camping, stands, pavements, parking areas, sponsor promotions, toilet facilities and dressing facilities); and/or
      2)   resulting from damage to, loss of, or theft of my property during a TM event; 
EXCEPT THAT nothing in this Agreement shall limit or exclude either TML or the Released Partiesí liability for death or personal injury resulting from its negligence. I and Parent / Guardian each understand that I (or any Releasing Parties acting on my behalf including Parent/Guardian) am entitled to bring a Claim against TML and/or the Released Parties for death or personal injury caused as a result of the negligence of TML and/or any of the Released Parties (as applicable).    
Indemnity 
I and Parent / Guardian each hereby agree to reimburse TML and the other Released Parties in respect of: 
1) any and all Claims made by any Releasing Party arising from injury or loss due to my participation in the TM event; and 
2) any and all Claims of co-participants, rescuers, and others arising from my  conduct in the course of my   participation in the TM event;
EXCEPT FOR Claims arising from either TMLís or the Released Partiesí negligence, breach of contract or breach of statutory duty. This indemnity shall  survive and continue even after the TM event is over.
Venue and Jurisdiction  
I and Parent / Guardian each 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 and Parent / Guardian each 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 and Parent / Guardian each understand that this is the entire Agreement between me, Parent / Guardian and TML relating to its subject matter, and cannot be modified or changed in any way by representations or statements by any agent or employee of TML. I and Parent / Guardian each agree that this Agreement may only be amended by a written document duly executed by TML on giving me and Parent / Guardian at least thirty (30) days written notice prior to the date of the TM event. If I and/or Parent / Guardian do not agree to the amended terms of this Agreement I and Parent / Guardian must let TML know in writing at least seven (7) days before the date of the TM event (ìRefusalî) and I and Parent / Guardian each acknowledge that I shall not be permitted to take part in the TM 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 and Parent / Guardian do not send TML a Refusal I and Parent / Guardian shall be deemed to have accepted the amended terms of this Agreement. For the purpose of this provision a reference to ìwritingî includes email.  
Agreements for the Protection of Participants 
ï I and Parent / Guardian confirm that I am in good health and in proper physical condition to safely participate in the TM event.  I and Parent / Guardian confirm that I  have no known or knowable physical or mental conditions that would affect my ability to safely participate in the TM event, or that would result in my participation creating a risk of danger to myself or to others.
ï I and Parent / Guardian acknowledge that TML recommends and encourages that I obtain medical clearance from my GP prior to participation.
ï I and Parent / Guardian confirm that I have not been advised or cautioned against participating in the TM event by any medical practitioner.    
ï I and Parent / Guardian understand that it is my responsibility to continuously monitor my own physical and mental condition during the TM event, and I agree to withdraw immediately and to notify appropriate TML and/or Venue personnel if at any point my continued participation would create a risk of danger to myself or to others.
ï In the event of an injury to me that renders me unconscious or incapable of making a medical decision, I and Parent / Guardian authorise appropriate TML personnel and emergency medical personnel at the TM event to make emergency medical decisions on my  behalf (including, but not limited to CPR and use of an Automated External Defibrillator). 
ï I and Parent / Guardian authorise TML to secure emergency medical care or transportation for me when deemed necessary by TML.  
ï I and Parent / Guardian acknowledge that TML has instituted its rules for the protection of everyone attending the TM event including its participants. I and Parent / Guardian acknowledge that I must sign the Entry Participation Agreement in order to participate in the TM event and I agree to familiarise with all of the rules contained in that agreement and follow them throughout the TM event. Parent / Guardian agrees to also familiarise his/herself with these rules and ensure that the Minor is familiar with these rules and will follow them throughout the TM event. I and Parent / Guardian agree that TML may stop or prevent my participation in the TM event (and, if necessary, have me removed from the Venue) if my participation, conduct, or presence endangers myself or any other person present at the TM event. 
Participant's Acknowledgment of Understanding  
ï I have read this Agreement and fully understand and agree to its terms.  
ï I understand that I am limiting my rights, including my right to sue.  
ï I agree that I am signing this Agreement freely and voluntarily.  
Parent / Guardian's Agreement and Acknowledgment of Understanding 
(Required where the Participant is age 16 or 17 on the date of their signature of this Agreement)   
ï I confirm that I am the parent or legal guardian of the Participant.
ï I have read this Agreement and fully understand and agree to its terms.  
ï I understand that both I and the Participant are limiting our rights, including our rights to sue.  
ï I agree that I am signing this Agreement freely and voluntarily.  
COURSE RULES 
Tough Mudder Entry and Participation Agreement
NOTE TO MINORS AGED 14 to 17: If you are 14 to 17 years old on the date you sign this Agreement you may only participate in the Tough Mudder event if you are accompanied by an adult aged 18 or over.  You must also obtain your parent or legal guardian's written consent to the terms of this Agreement to participate in the Tough Mudder Event.
NOTE TO PARENTS/GUARDIANS OF MINORS AGED 14 to 17: If you are a Parent or Guardian of a Participant who is aged 14 to 17 on the date they sign this Agreement, by signing this Agreement you are consenting to the Minor's participation in the Tough Mudder event and you are agreeing to the terms and conditions set out in this Agreement.  
Definitions and Interpretation
"Agreement" means the terms of this Entry and Participation Agreement;
ìTMLî is Tough Mudder Limited, a limited company whose registered company number is 07202563 and whose registered office is at C/O Penningtons Solicitors LLP, Abacus House, 33 Gutter Lane, London EC2V 8AR; 
ìI/me/my/myself/Participant/youî means the participant in the TM event who has signed this Agreement and is named below;
ìTM eventî is TML's Tough Mudder event that is taking place at the Venue further described below in the paragraph headed ìAssumption of Inherent Risksî;
"Minor" means the Participant in the TM event who is aged 14 to 17 on the date of their signature of this Agreement;
"Parent / Guardian" means the Minor's parent or legal guardian who has signed this Agreement and is named below;
ìVenueî means means the entity who owns the venue where the TM Event is taking place.  
ï 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. 
ï References to "Parent / Guardian" in this Agreement are only applicable if the participant is a Minor.
Age Requirement and Accompanying Minors: I and Parent / Guardian confirm that I am 14 years of age or over on the date of signing this Agreement.  I and Parent / Guardian each agree that either Parent/Guardian or another adult aged 18 or over will accompany me either as a spectator or as a participant at the Tough Mudder event.
Terms and Condition for Entry: I and Parent / Guardian agree that my participation in each TM event and related activities is subject to:
1. the terms of this Entry and Participation Agreement, my and Parent / Guardian's consent to the terms of the Participant Legal Liability Agreement;
2. all written terms, rules and regulations  at the Venue and the Tough Mudder website www.ToughMudder.co.uk ; 
3. all directions, instructions and decisions of TML and Venue personnel on the day of the TM event.
Emergency Delay or Cancellation:  I and Parent / Guardian acknowledge that TML at its sole discretion may delay, modify, or cancel the TM event if conditions or natural or man-made emergencies make administering or holding the TM event unreasonably difficult or unsafe.  I and Parent / Guardian agree that ìemergencyî is defined to mean any event beyond the control of TML, including but not limited to:  high wind, extreme rain, hurricane, tornado, earthquake, flood, terrorism, fire, threatened or actual strike, labour difficulty, insurrection, war, public disaster, and/or unavoidable casualty.
Removal from TM event or Venue:  I and Parent / Guardian acknowledge that TML personnel and/or Venue personnel may prohibit or stop anyone from taking part in the TM 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 TM event I agree to:
1) behave appropriately at all times;
2) act respectfully towards all people, equipment, property and facilities; and 
3) participate in the TM 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 TM 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 TM event.
Data Protection and Marketing: I agree and Parent / Guardian acknowledges that: 
1) in the case of an emergency TML and/or Venue personnel may use the emergency contact details I provided when I registered for the TM event; 
2) should I receive medical assistance at a TM event data collected on an accident form will be held on TMLís database and shall be handled in accordance with the terms of the Data Protection Act 1998 in accordance with TMLís privacy policy, which is available on www.ToughMudder.co.uk; and 
By giving TML my personal information, I and Parent / Guardian expressly consent to TML's collection, use and disclosure of my personal information as described in TML's privacy policy which can be found at www.Tough Mudder.co.uk. I and Parent / Guardian agree that TML may share any data I and Parent / Guardian provide to it, including but not limited to personal data collected from me by registering online and Parent / Guardian's name, to any of its group companies and group business contacts within and outside the European Economic Area for use in connection with the TM event (even where the country or territory in question is not identified as one that maintains adequate data protection standards).  
When I submit personal information to TML, TML may use my personal information to contact me, and TML may provide it to certain third parties for marketing or promotional purposes.  I understand that I have the right to ask TML not to process my personal data for marketing purposes, and that I may always opt-out of receiving future e-mail messages and newsletters from TML or request that my information not be displayed on TMLís website or corrected. TML confirms that to make such a request, I can send a message to info@ToughMudder.co.uk.  
Specific Rules : I agree that on the day of the TM 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 TM 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 TML and Venue personnel and all TML and Venue rules and regulations.
Photography: I and Parent / Guardian understand that any and all photographs, motion pictures, recordings, and/or likenesses of me captured during the TM event by TML, its affiliated entities or contractors, and/or the media (ìRelevant Other Partiesî) become the sole property of TML and/or Relevant Other Parties (as applicable).  I and Parent / Guardian 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 TML and TM events, without prior notice or compensation.  I and Parent / Guardian further understand that TML 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 and Parent / Guardian also grant TML 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 TML and TM events without prior notice or compensation.
REFUND POLICY: 
I and Parent / Guardian acknowledge that the TM 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) TML cancels or materially delays or alters the TM event;
2) TML makes a significant change to the Venue; or
3) TML changes the date of the TM event so that I am no longer able to attend. 
I and Parent / Guardian acknowledge that in circumstances (1), (2) or (3) above, TML may offer me the right to attend a different TM event in the UK at no additional charge (and if I agree to this, I shall not be entitled to any refund). Alternatively TML may issue me with a refund of my event fee at TMLís sole discretion acting reasonably
If I am unable to attend a TM 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 TM event, TML may (but is not obliged to) issue me with a refund of my event fee.
Participant's Agreement and Acknowledgment of Understanding  
ï I have read this Agreement and fully understand and agree to its terms.  
ï I further acknowledge that I am signing this Agreement freely and voluntarily.  
Parent / Guardian's Agreement and Acknowledgment of Understanding 
(Required where the Participant is age 14 to 17 on the date of their signature of this Agreement)   
ï I confirm that I am the parent or legal guardian of the Participant.
ï I have read this Agreement and fully understand and agree to its terms.  
ï I agree that I am signing this Agreement freely and voluntarily.  
ï I confirm that I or an adult aged 18 or over will accompany the Participant either as a spectator or as a participant at the Tough Mudder event.

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