Terms and Conditions
The Mission to Seafarers (“the Charity”)
Terms and Conditions and Fundraising Agreement – Adventure Race Japan 2023 (“the Event”)
Thank you for registering to take part in the Event and to raise money for the Charity. These Terms and Conditions govern your participation in the event and commence on the date that you/ your Team register for the Event and will continue until six weeks after the Event (“the Term”).
1. Details of the Event
1.1. The Event shall take place between 18 – 20 May 2023 at the Izu Pensinsula, Japan.
1.2.You will take part in the Event in Teams of 3 people.
1.3. The Mission to Seafarers Adventure Race, Japan is a key marketing, networking and team building event for sponsors and participants. The aim is to raise significant funds for the Charity’s work in APAC and globally. The Charity anticipates recruiting new corporate partners and strengthening relationships with existing supporters. The Charity aims to recruit 50 teams of 3 to take part in trekking and water-based activities over two days. There will be 3 networking dinners also included in the event. Participants will arrive on Thursday 18th May 2023 – followed by challenge activities on 19th and 20th May, with departure on 21st May.
1.4. You are required to attend a safety briefing at the Marriot Hotel, Izu on the evening of the 18 May 2023 prior to participation in the Event.
1.5. You agree to comply with all reasonable instructions provided by the Charity and its suppliers/agents during the Event, including but not limited to health and safety requirements. You will immediately cease participation in the Event if told to do so by the Charity or suppliers/agents for safety purposes.
1.6. The Charity reserves the right to change or amend the Event details/itinerary, if necessary, for example to ensure the safety of the Event.
1.7. You agree that you are at least 18 years and in suitable physical condition to take part in the Event and the activities set out above. Participants should be aware of the possible risks inherent in challenge events of this nature and undertake necessary training activities prior to the Event.
1.8. The Charity shall not be responsible or liable in any way if you are unable to take part in or complete the Event due to a physical condition or injury and no refund of the Event Costs shall be payable in these circumstances. If you are obliged to cut short the Event for whatever reason, any additional accommodation and/or transport fees and any medical costs incurred will be your responsibility. For the avoidance of doubt, these will not be the responsibility of the Charity, but in the event that we do provide financial assistance, you hereby guarantee that you will personally reimburse us upon your return from the Event.
1.9. It is your responsibility to fulfil the passport, visa and other immigration and COVID-19 requirements applicable to participation in the Event and any costs associated therewith. We do not accept responsibility if you cannot travel or incur any other loss because you have not complied with these requirements.
2. Event Costs
2.1. The Event costs $USD3,500 per Team, payable to the Charity by BACS transfer (“the Event Costs”).
2.2. The Event Costs include the following items only:
Participation in the Event and the equipment required to take part (not including the equipment listed in clause 2.4).
2.3. All other costs associated with participation in the Event (including but not limited to), transportation to and from Japan, to and from the airport and hotel and personal equipment are not covered within the Event Costs and shall be your responsibility.
2.4. You must ensure that you have suitable personal equipment and apparel to complete the Event. The Charity shall not be responsible for providing this. Participants will be required to bring the mandatory Kit List items (as set out on the Event website) to the Event.
2.5. We request that your Team stays at the Marriott Hotel, Izu along with all the other Event participants. Hotel payments should be made directly with the Marriot Hotel. The Charity will advise the Marriott hotel of your team’s details for booking requirements but will not be responsible for any cancellations or refunds. These will be dealt with directly by Marriott. Hotel costs and transport to and from the hotel to the Event start and finish will be covered in the Hotel Payment of US$2,500.
2.6. You will not be permitted to take part in the Event unless all Event Costs have been paid to the Charity and the Hotel prior to the Event start date and within the stipulated period.
3. Insurance and Liability
3.1. You must have travel insurance cover in place prior to the Event with cover which covers (as a minimum) trail running, hiking, and water activities including paddle boarding.
3.2. You agree that participation in the Event is at your own risk and confirm that you have no medical conditions that may impact on your participation in or prevent you from completing the Event. You should take advice from your doctor if necessary.
3.3. The Charity shall not have any liability in respect of any, loss, injury, damage (including to property), costs, claims, loss or liability whatsoever suffered by you in connection with your participation in the Event or these Terms and Conditions.
4.1. When fundraising for the Charity in connection with the Event you will:
4.1.1. comply with any fundraising guidelines issued by the Charity;
4.1.2. only use lawful means to fundraise and will not do anything which could harm the Charity’s reputation;
4.1.3. obtain all fundraising materials and logos directly from the Charity, and not reproduce the Charity name and logo for any other purpose than promoting the Event, without the permission of the Charity;
4.1.4 comply with the following financial procedures:
(a) use your best endeavours to raise at least $USD 5,000 per Team for the Charity and to pay that sum to the Charity preferably in advance but otherwise within 6 weeks after the Event;
(b) send any additional donations raised to the Charity within 28 days of you receiving the money; and
(c) keep details of the names and address of, and amounts donated or pledged by, all donors, and provide such details to the Charity on request.
4.1.5 when asking for donations (whether in writing or verbally):
(a) state that donations are for The Mission for Seafarers, registered charity in England and Wales (no. 1123613);
(b) explain that the donations will not be refundable even if you do not participate in or complete the Event and they will go to further the aims of the Charity assisting seafarers in need;
(c) not engage in any fundraising activity which may, in the reasonable opinion of the Charity, result in any unreasonable intrusion into a person’s privacy, involve unreasonably persistent approaches to any person for the purpose of soliciting or otherwise procuring donations, or place undue pressure on a person to make a donation.
4.2. You agree that the Charity can terminate your authority to fundraise for the Charity at any time by sending written notice by e-mail.
5. Termination and Cancellation
5.1. In the event of a Force Majeure Event, the Charity shall use reasonable endeavours to postpone the Event to 2024. Where it is not possible to do so, the Event Costs shall be used to cover the Charity’s administration costs in connection with the Event, and any surplus shall be applied to the Charity as an unrestricted donation to use in accordance with its charitable purposes. No refund shall be payable.
5.2. For the purposes of clause 5.1, “Force Majeure Event” shall mean any circumstance not within a party's reasonable control including, without limitation:
5.2.1. acts of God, flood, drought, earthquake or other natural disaster;
5.2.2. epidemic or pandemic;
5.2.3. terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
5.2.4. nuclear, chemical or biological contamination or sonic boom;
5.2.5. any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent;
5.2.6. collapse of buildings, fire, explosion or accident;
5.2.7. any labour or trade dispute, strikes, industrial action or lockouts; and
5.2.8. non-performance by suppliers or subcontractors.
5.3. It will be your responsibility to find a new Team member for your Team if you are unable to take part in the Event. You must inform the Charity of your wish to transfer your place as soon as possible. It shall be at the Charity’s discretion as to whether to accept the alternate person as a participant in the Event. Changes in Team members within one month of the Event start date will only be considered in exceptional circumstances.
5.4. You agree to inform the Charity as soon as possible if your Team can no longer participate in the Event due to injury or other circumstances. If your Team cancels its place in the Event more than six months before the start of the Event then a full refund of the Event Costs will be payable. If notice of cancellation is given between six and four months before the Event start date a refund of 75% of the Event Costs will be payable. If notice of cancellation is given less than four months before the Event start date then, the Event Costs shall not be refundable unless a replacement Team can be found to take your Team’s place, which shall be the Team’s responsibility. The Charity will endeavour to support you to find a replacement Team but shall not be responsible for doing so. You should ensure that your travel insurance covers cancellation in these circumstances.
5.5. The Hotel Costs shall be refundable by the Hotel if notice of cancellation is provided more than six months before the Event start date. If notice of cancellation is given between six and four months before the Event start date a refund of 75% of the Hotel Costs will be payable. If notice of cancellation is given less than four months before the Event start date then, the Hotel Costs shall not be refundable.
5.6. As per clause 5.4 the Hotel Costs will not be refundable unless a replacement Team can be found to take your Team’s place and hotel stay, which shall be the Team’s responsibility. The Charity will endeavour to support you to find a replacement Team but shall not be responsible for doing so. You should ensure that your travel insurance covers cancellation in these circumstances.
5.7. In the event of a breach of these Terms and Conditions by you, the Charity may terminate these Terms and Conditions by sending notice to you by e-mail.
5.8. Upon termination of these Terms and Conditions you shall cease to raise funds for the Charity and you shall pay to the Charity any sums raised prior to the date of termination within 28 days.
6. Data Protection
6.1. You will be asked to provide the Charity with personal information, including: your name, date of birth; contact details; and health/medical information in connection with your participation in the Event and fulfilment of this contract. You understand that it will be necessary for the Charity to share the data with its sub-contractors and other agents that are involved in supplying the Event.
6.2. The Charity shall at all times comply with its obligations under GDPR, the Data Protection Act 2018 and all other applicable laws relating to the processing of personal data and privacy, and shall take appropriate technical and organisational measures against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
7. General Provisions
7.1. The Charity may vary the terms of these Terms and Conditions and will notify you of such changes by email.
7.2. You may not sub-contract, assign or otherwise transfer or make over to any other person all or any of your rights or obligations under the terms of these Terms and Conditions without the prior written consent of the Charity.
7.3. These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales and both parties agree to submit to the exclusive jurisdiction of the English courts.
7.4. These Terms and Conditions contain the entire understanding between the parties. Neither party has entered into these Terms and Conditions in reliance upon any representation, warranty or undertaking of the other party that is not expressly set out in these Terms and Conditions.