TERMS AND CONDITIONS

Terms and Conditions



Taking part in Kuta Outdoors events

Definitions of these terms and conditions:
A. The company means “Kuta Outdoors” which delivers services that are advertised on this website.
B. The Customer means any person, firm, company or other legal entity which places an order or buys any products or services from the company and includes the employees, servants, agents or sub-contractors of any such person, firm company or other legal entity.
C. Service means any course, accommodation, event, or facility offered by the company.
D. Contract means a contract between the company and the customer for the provision of products or services.
E. Statutory Interest means statutory interest for the Late Payment of Commercial Debts (Interest) Act 1998.
F. Terms and Conditions means these terms and conditions of provision
Applicability of terms and conditions
G. These terms and conditions shall be incorporated into the contract and shall apply in place of and prevail over any terms and conditions contained or referred to in any communication from the customer or implied by custom or practice.
H. Other terms and conditions are expressly rejected by the company.

Terms
1. The contract shall be formed when the company acknowledges acceptance of the customer’s booking form and required payment.
2. All participants must fill in a booking form either with the company or through it’s event partner/s.
All bookings are on the basis that the customer will, always, observe the safety regulations set by the company.
3. The contract is subject to availability of a course/event/activity place/date and the acceptance by the customer of these terms and conditions.
4. All participants must be over the age of 16 unless accompanied by a parent or legal guardian.
5. Any participant under the age of 16 years must have the permission of his/her parent/guardian with legal responsibility before being able to take part in any activity/course offered by the company. The parent/guardian with legal responsibility needs to be aware and accept the risks involved in adventure activities and satisfy themselves accordingly. Participants under 16 years must be accompanied by a parent/guardian with legal responsibility who must participate in the same course or event / activity.
6. All Kuta Outdoors challenges, events and activities are physically demanding, and it is your responsibility or that of your clients to ensure that you/they have the appropriate level of fitness and good health to participate. Customers must know that accidents and risk to health / personal safety / injury can happen.

Medical
1. If you have any medical conditions which could be adversely affected by exercise, particularly a heart condition or diabetes, or if you have any doubt about your health, you must get separate written clearance from your doctor which must be given to Kuta Outdoors before taking part in the event or activity.
2. If you declare a previous medical condition and are requested by Kuta Outdoors to get a doctor’s note to support your registration you must do so with at least 1 week before the event date (it can sometimes take that long to get one) unless a doctor’s note is provided Kuta Outdoors will not process your registration and you will not be allowed to do the event.
3. Failure to disclose the full details of any medical condition from which you suffer, or any changes that may arise prior to the date of the event may invalidate your insurance and may put our own support staff and mountain rescue teams at risk.
4. You agree to ensure that your registration, fitness, and medical declaration details are true and accurate at all times and you undertake to update your registration details from time to time when they change. If we become aware that either your declaration is incorrect, we reserve the right to immediately cancel your registration and acceptance for registration in the future will be at our discretion and any fees paid will be retained by Kuta Outdoors.

Liability
1. The Company will not be liable where any failure in the performance of the Contract is due to: you; or a third party unconnected with the provision of the course and where the failure is unforeseeable or unavoidable; an event listed in these terms or any other unusual and unforeseeable circumstances beyond the Company’s control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which the Company or its suppliers, even with all due care, could not foresee or forestall. The Company shall not be liable for any illness, injury or loss of life sustained on any course, except where such illness, injury or loss of life is caused by the negligence of the Company or its employees, nor will the Company be liable for any uninsured loss of personal property.

Safety
1. All participants must adhere to the safety instructions given by Kuta Outdoors (sent by email and or delivered on the day of the event)
2. All participants are to attend the safety brief before we start our event/s – it is your responsibility to be there and under no circumstances are you to start a walk/event without having had a safety briefing – to do so puts you and others at risk and you may be asked to not partake in the event.
3. Taking part in a Kuta Outdoors event without attending a safety brief will mean that Kuta Outdoors have no responsibility whatsoever for your welfare or safety. (Turning up late and simply “tagging along” is not allowed under any circumstances) a fee will be sought from the person or persons tagging on at the full price advertised for that event.
4. A team or individual walking or taking part in any of our events/activities should contact the organisers for advice, either by telephone or to seek advice from a route marshal or other kuta outdoors staff member. We may issue you with a tracker and or other safety equipment including walkie talkies.
5. Any team or individual forced to retire should if possible do so at a staffed check point from where transport may be provided back to event HQ. Everyone who retires must report in person to the check-in at the event start or finish point.
6. At least two mobile phones must be carried by each walking team and it is your responsibility to provide these. It is vital that the organisers know your whereabouts both during and at the end of the day/s. We use Life 360 for tracking teams, and you may be asked to download the app for us to do so. (you can remove it immediately after the event) any equipment issued is subject to the use of equipment section in these terms.
7. All walkers must declare any previous health related issues included heart, back, spinal, pregnancy, eye or disease related issues that may have affected them in some way or has the potential to surface during or shortly after any Kuta Outdoors event.
Safety alcohol
1. Under no circumstances is anyone allowed to undertake an event or activity whilst under the influence of alcohol or other substance. Anyone found to be suffering the effects of alcohol will not be permitted to take part.
Safety additional peoples
1. Under no conditions are relatives, friends, partners, or anyone else allowed to tag on or join the event without permission, registration, and a safety brief. Anyone found to be doing so will be asked to leave, we have no legal responsibility for them and will not accept any – choosing to remain will result in our seeking a fee.
Safety – location
1. Emergency (Cave and Mountain Rescue) services may be alerted after an initial search by Kuta Outdoors.
2. Next of kin and or the missing persons mobile may be called. Best judgement will always be used to establish location and safe return.
3. You must ensure that at all times your mobile phone is safely protected from adverse weather and not set on silent and that your password is removed on the day of the event should emergency services need to contact your relatives or other contacts.
4. Kuta Outdoors may call to assist you or others and or to establish a precise location for safety management reasons.

Cancellation
1. Please note that ALL cancellations will be offered an alternative date and no refunds will be provided. These are exceptional circumstances that require us to take a pragmatic and sensible approach to maintaining our business whilst delivering against commitments.
Cancellations by Kuta Outdoors
1. We the company reserve the right to cancel an event due to unforeseen circumstances or unsuitable conditions. Where a course is cancelled, we will offer an alternative date, or a full refund of monies paid only if walkers cannot attend any one of the alternative dates provided or at the discretion of Kuta Outdoors.
2. We reserve the right to cancel any “open” event due to poor attendance numbers, alternative dates will be given to those who may have paid and registered.
3. There are no refunds if someone cancels within 21 days prior to the date of their previously booked event.
4. An exchange place may be available subject to the exchange person completing a booking form, there will also be alternative dates provided to the person cancelling subject to availability and is at the discretion of Kuta Outdoors.
5. The National 3 Peaks Challenge and the Hadrians Wall event have non-refundable deposits and as such once a payment is made, there is no refund under any circumstances. Any further payments made under this option are refundable under the above terms subject to a minimum of 1 months’ notice prior to the event.

Further liability
1. The company shall have no liability whatsoever in respect of any delay or failure in delivery of any of the courses or of any of the company’s other obligations due directly or indirectly to any cause whatsoever outside the reasonable control of the company including but not limited to act of God, war, invasion, rebellion, riot, civil commotion, disorder, malicious damage, fire, flood, epidemic, quarantine restriction, strikes or other industrial disputes, unusually severe weather or energy supplies.

Social Media, Photographs, and Video
1. Photographs video and social media images – by participating in this event you agree that any photos taken on the day may be used by Kuta Outdoors for marketing purposes.
2. All photos taken by event marshals / staff of Kuta Outdoors will be used for the purpose intended only.
3. You retain ownership of the intellectual property in that information however you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use (including copy, reproduce, adapt, modify, publish, broadcast, transmit, display and distribute) the Content in any and all media including forms not yet developed.
4. Images of the event may be used in promotional material both online and in print. If you have any concerns about this, please let us know at least 24 hours before commencement of the event. We will respect your privacy and handle the situation in a tactful manner.
5. All images taken on this website are the ownership of Kuta Outdoors and are not to be used without our prior permission. If images are used without our permission an invoice will be issued to reflect the corporate or market cost of a similar image.

Hyperlinks
1. This website (www.kutaoutdoors.co.uk) may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
2. You may link our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

Intellectual Property Rights
1. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a license to use those materials.
2. All trademarks, brands and logos generally identified either with the symbols ™ or ® which are used on this website are either owned by us or we have a license to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
3. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
4. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality, and copyright.

Disclaimers
1. Whilst we take all due care in providing our services, we do not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose.
2. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
3. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
4. From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
5. We manage all data collected in line with the regulations of the GDPR 2018.

Equipment
1. The customer is responsible for the safekeeping of all equipment issued for use during the activity/course. Except for fair wear and tear the company reserves the right to charge for equipment that has been lost or misused.
2. The customer is responsible for any damage or loss to or of equipment issued by Kuta Outdoors and will be responsible for its repair and or replacement purchase within 4 weeks of notification of loss/damage. At the 4 week point an invoice will be sent for repair or replacement of the item with small claims court proceedings issued should payment not be met within a reasonable period.
3. Kuta Outdoors is not liable for any loss or damage to personal items during an event.
4. Comfortable strong walking boots/shoes are recommended together with appropriate clothing to suit the conditions. (See the kit list page) – if in doubt contact us and we will advise.

Food and refreshments
1. Refreshment points are often located at intervals around the course of our events/routes; however, it is recommended that you bring with you your own food/water supplies as local suppliers may not be guaranteed to be open on the day of your event.

Good conduct
1. Do not damage plants, wildlife and or trees and show good respect towards local infrastructure and dry-stone walls not removing stones or damaging any free standing item.
2. Please retain all your litter – we have a simple policy at Kuta Outdoors, it is “If it goes out with us it comes back with us”. We also walk the entire route at the end of the season collecting every single bit of litter that we can find – filling refuse bags and doing our bit to support the environment.
3. Where there is no pavement, walk in single file on the right-hand side of the road to face oncoming traffic. Walk in single file when going up or down the 3 peaks – Large groups taking over mountain paths can alienate other walkers especially when faster walkers can’t get past due to slower walkers and their walking poles blocking routes.
4. Be considerate to other walkers always.
5. Support for local businesses – buy local, visit the local pubs, bars restaurants, stay local where possible – the tourist season is short for businesses in the Yorkshire Dales, do support them.
6. Walk only on paths – The Yorkshire 3 Peaks route has had much damage due to the erosion caused by thousands of walkers over the years as a result there is now a new trail that allows the original route to recover – do please stick to the new route paths. (A path is designated as being at least 1.2metres in width)
7. Do not pollute streams and reservoirs with rubbish and waste food or use them as lavatories.
8. Environmental issues – traffic pollution. Where possible do please car share and or use public transport.
9. Speeding and noise – Walkers that are running late to get to the start of the Y3P are often caught by the Police car lurking anywhere around Settle – why risk 3 points and a fine or worse a serious accident – plan well and drive slowly, please consider the locals especially when driving into or out from Horton in Ribbledsale, no loud music on, no beeping of horns and loud celebrations when meeting fellow team members at any time.
10. Use gates and stiles to cross fences/walls and fasten all gates after using them.
11. Do not light fires
12. All participants must obey The Country Code and the Laws and Byelaws of England and Wales as stated below and adhere to designated rights of way on tracks and paths on the route.

Insurances
1. Kuta Outdoors strongly recommend that you have the following before you start your event:
Adequate Personal Equipment insurance (your valuable equipment is insured) Earnings Insurance cover – to mitigate any loss of earnings should you have a serious injury and Life Insurance

Dogs
1. No dogs are allowed on any Kuta Outdoors event without permission and if permission is given you accept full responsibility for your dog
2. Kuta Outdoors accepts no responsibility whatsoever for your dog.
3. You must always have your dog under control.
4. Dog fouling must be cleared by the dog owner and appropriately disposed of.
5. Keep dogs on a lead when walking through farmland with any cattle or other livestock (unless threatened by cows – which you should let the dog run free).
6. Make sure your dog can walk the distance without suffering.
7. Ensure that your dog has sufficient water / food and protective equipment for the weather conditions
8. Be aware that is your responsibility to have your dog under control at all times by law, whistling and or shouting your dog’s name is not enough in some circumstances and irrespective of how well your dog is trained, they can and do react differently when livestock are present.

Cattle and sheep
1. Cattle and sheep should be approached with care; startled animals may be unpredictable.
2. If approached by cattle and you have a dog – release it immediately, it is usually the dog that the cattle are interested in scaring away.
3. Walking through livestock increases risk and as such best judgement should be made at that time, if you and or Kuta Outdoors guides feel that risk is high then alternative routes should or will be sought.

Data
1. Confidentiality: Kuta Outdoors will not pass on personal information to any third party without your consent, except as may be required for the purposes of the event.
2. All information provided will only be used for the purpose intended and or for marketing similar events, services, or products that we feel may be of interest to you within a reasonable and appropriate timescale.
3. Kuta Outdoors abide by the regulations set by the GDPR 2018.

Other
1. All information is produced in good faith that it is accurate at the time of publishing.
2. Always remain in a team unless otherwise instructed or cleared by the event organisers and or Kuta Outdoors marshals.
3. Use of mobile phones for navigation – not appropriate as a solitary navigation tool but a useful aid.
4. When walking the Y3P on a marshalled event, stick to the paths and follow the written guided instructions, if you have any concerns about your whereabouts either stop and wait for others or return to your last known location or marshal.
5. If you are planning on walking the Y3P do so either in a well led group who have a map, compass, and safety equipment or if you have the skills, with both map and compass or a GPS device.
6. First Aid assistance will be available on the day by our roving event organiser and or marshals or other designated first aid or emergency support crew.
7. Event organisers/officials will recommend the withdrawal of anyone who they deem to be unfit to continue or who are unlikely to complete the challenge in the given cut off time/s. Persons ignoring such recommendation will cease to be the responsibility of the organisers.
8. Kuta Outdoors take a very sympathetic approach to the often-unwelcome scenario of advising someone that they should not go further and will always act with best tact and diplomacy – anyone who we ask to leave the route will be offered a complimentary alternative date to do it again (subject to availability and discretion) and encouraged to address the issue that has contributed to our/their decision to retire.
9. The organisers reserve the right to stop walkers and stop the event if to continue would be potentially dangerous, (eg severe weather/other). Anyone who then decides to continue will do so at their own risk and will not be the responsibility of Kuta Outdoors.

Disclaimer
1. Kuta Outdoors its employees, marshals or agents cannot be held responsible for loss or damage to personal effects, accident, injury, or death howsoever arising, except where injury or death arises as a result of Kuta Outdoors employees, marshals or agent’s negligence.
2. When making your booking it is implied and accepted that you have read and understood all these booking conditions and agree to abide by them.
3. Acceptance of good conduct guide and terms and conditions:

I have read and agree to the terms and conditions and confirm that I am medically fit to participate in the challenge.
I am aware that it is my responsibility to inform Kuta Outdoors of any changes to my circumstances that may affect my ability to complete this challenge
Please click ‘I agree’ on the online registration form.

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