Terms & Conditions
Prior to any event that is booked with Ultimate Colour (UC), the contracting party must sign a booking form in which they agree to UC's Terms & Conditions. A copy of these Terms & Conditions can be found below.
The parties referred to in these Terms and Conditions shall be as follows:
a) Ultimate Colour ('The Company' – supplier of services)
b) The Acceptor of the said Services ('The Contracting Party')
c) The Receiver of the said Services ('The Participants')
d) Persons acting as Servant or Agents for The Company ('The Servant or Agent')
In entering into an agreement with The Company for the supply of services, The Contracting Party and each and every participant agree to be bound by all the conditioned exemptions and provision herein contained.
1. Payment Terms
The contracting party agrees that a booking deposit is not required at the time of booking and instead the full balance can be made on presentation of an appropriate invoice on the day of the event.
2. Confirmation
The Company will only accept a booking upon receipt of written confirmation and once this is received a contract will be deemed to have been made. Until the booking contract has been signed and returned, the Company shall be free to offer the date in question to other parties.
3. Cancellation
If for any reason the Contracting Party cancels the booking, a cancellation fee of 20% of the total cost will be charged. If for any reason the Contracting Party cancels the booking within 60 days prior to the event date, the Contracting Party shall be liable to pay the total price contracted for.
4. Change of Event Date
Once the booking is confirmed and Event Booking Form signed any change of contracted event date instigated by the contracting party up to 30 days prior to the event date, will incur an administration fee of 10% of the total contracted event fee. The contracted event date cannot be changed within 60 days of the event date without the full event fee being incurred.
5. Reduction in Numbers
Should the Contracting Party reduce the number of participants, that he has contracted on behalf of, 60 days or more prior to the event date, the Contracting Party shall be liable to pay a cancellation charge of 20% of the full price attributable to each such participants. If participant numbers reduce within 30 days of the event date the Contracting Party shall be liable to pay 100% of the price attributable to each participant.
6. Post Event Extras Invoices
Invoices for extras shall be payable no later than 14 days following the date in which the invoice is dated.
7. Late Payment
If payment is not made within the terms set out above, Ultimate Colour reserve the right to charge interest at 0.4% per week on overdue fees.
8. The Company's Authority
The Contracting Party and each and every participant agree to abide and comply with any request or order made by or on the Company's behalf on all grounds of safety and that the Company's opinion is final and will be abided by howsoever expressed. If in the opinion of the Company, its Servants or Agents, the Contracting Party or participant is behaving dangerously or is acting in a manner which would or may, in the opinion of the Company, it's Servants or Agents, lead to a disruption of the services at the contracted event, the Contracting Party or participant will, at the request or order of the Company, it's Servants or Agents leave the event for the rest of the day contracted for, without the Company, its Servants or Agents, encountering any liability.
9. Copyright
All rights to any images and video taken by or on behalf of UC for the contracting party are retained by UC. Where a copy of high-resolution images or video is included as part of the package, UC gives permission to the contracting party to use the images freely, however, ownership of the images remains with UC.
10. Display Marketing
The contracting party hereby gives permission for UC to display any images and video included in this contract in UC marketing material, including case studies, literature, exhibitions, advertising, competitions, magazines and on websites. No use of any of the images will be used for other commercial reasons, except with written permission from the contracting party.
11. Liability for Damage or Loss
The Contracting Party accepts liability to pay in full for any damage or loss to boats, vehicles, waterproof clothing, or other equipment supplied by the Company, arising out of an act or omission of the Contracting Party or participants. The Contracting Party and each participant agree to limit any claims against the Company to the risks and amounts insured against by the Company and agree to observe the terms and conditions thereof. A synopsis of the insurance policy is available to all Contracting Parties and participant. The Company and its Servants or Agents accept no responsibility in respect of any damage whatsoever, to any property of the Contracting Party or participants except where such damage is caused by the negligence of the Company, its Servants or Agents.
The Contracting Party and each and every participant agree to save the Company, it's Servants or Agents, harmless from and to indemnify the Company, it's Servants or Agents against all actions, claims, costs, expenses and demands in respect of death or injury to the Contracting Party or participants, arising out of or in connection with attendance at the contracted event in circumstances where the company is not at fault.
The Company, its Servants or Agents accept no responsibility for matters outside the Company's control causing the contracted event to be cancelled or altered from the advertised or contracted programme. The Contracting Party agrees that the Company may change the event contracted for without reduction in price in the instance of weather conditions rendering the original event impractical or dangerous. The company may change the activity or product supplied if necessary but will endeavour to supply a similar activity or product. Where possible all changes will be discussed with the Contracting Party prior to the event date.
It is hereby expressly agreed that each and every Servant or Agent of The Company (including every Independent Contractor employed by The Company) shall take the benefit of every exemption and limitation herein contained and every exemption from liability, defence and immunity of whatsoever nature applicable to The Company or to which The Company is entitled hereunder shall also be available and shall extend to protect every such Servant or Agent of The Company. The Company is or shall be deemed to be acting as Agent or Trustee on behalf of and for the benefit of all persons who are or might be its Servants or Agents from time to time (including Independent Contractors as aforesaid) and all such persons shall to this extent be or be deemed to be parties to the contract evidenced by this agreement.
If any term of this Agreement is deemed to be void or unenforceable whether in whole or in part, the validity and enforceability of the remainder of this Agreement including any part of such term which is not held to be invalid shall not be prejudiced or affected and shall continue to apply subject to such amendment.
12. Participant in The Ultimate Colour Run
Participants understand that participating in The Ultimate Colour Run is a potentially hazardous activity where I will be required to run a set distance and powdered colour will be thrown at and around me during the course of the event. Participants understand that some of the course may go through water, coloured corn starch or mud, which has not been tested for chemicals or disease. As it is a physically demanding activity, participants understand there is a risk of injury and even death and that Ultimate Colour does not conduct health or fitness checks on entrants.
Whilst Ultimate Colour takes care to make the event as safe as possible, they cannot remove risks and dangers to participants and observers and accordingly I participate at my own risk.
Participants agree not to participate unless they are medically and physically able and that it is their responsibility to decide whether they and any child for whom they are responsible, is medically and physically able.
Participants agree to abide by any decision of a race official relative to their ability to safely complete the race, which decision is at the sole discretion of the race official and agree that just because a race official does not decide to withdraw a participant from the race or make another decision in relation to their participation does not mean that the official or Ultimate Colour have decided that it is safe for me to take part.
Participants assume all risks associated with competing in The Ultimate Colour Run, including, but not limited to:
slips, falls, contact with other participants, negligent or wanton acts of other participants, any defects or condition of premises, or colour zones, the effects of the weather including high heat, cold temperatures, storms and/or humidity.
Ultimate Colour is not responsible for any personal items or property that are lost, stolen, stained or damaged at or during the event.
Participants assume the risk of wild animals and insects that may be present on the course.
13. Any additions or alterations of the terms and conditions of this agreement shall be null and void unless agreed upon in writing by the parties.
14. By accepting the terms and conditions of Ultimate Colour, the Contracting Party accepts the booking terms and conditions of all Suppliers and Sub Contractors to The Company.​