Terms & Conditions
Schedule 1 – PWR Hour General Terms and Conditions
By completing and submitting an Online Booking Form, the Customer agrees with the event organiser, that they have read and agreed to be bound by these terms and conditions (the “Terms”).
The website at https://pwrhour.co/ is made available by TrybWorld (TW), a trading name of Square Mile Sport Services Ltd., and is subject to these Terms of Use (“Terms”). The Terms govern your access to and use of this site and its services and/or products. By accessing or using this site, or creating an account on it, you agree to these Terms. If you do not agree to these Terms, you may not use or access the site. TW reserves the right, at any time, to modify or update these Terms without notice, and you agree to be bound by such modifications or update. Although TW may notify you of certain changes by email or otherwise, changes may also be made without notice. You agree to periodically review these Terms for changes.
1. Definitions and Interpretation
1.1. The words and expressions set out herein shall, save where the context otherwise requires, have the following meanings in these Terms:
“Definition” – meaning;
“Data Protection Laws” – means the Data Protection Act 1998, the Privacy and Electronic Communications Regulations (2011) (as amended), the Investigatory Powers Act 2016, and any other successor legislation (including Regulation (EU) 2016/679 of the European Parliament and the Council (General Data Protection));
“Agreement” – means the agreement entered into by the Event Organiser and the Customer, comprising the relevant Online Booking Form, the subsequent Online Confirmation and these Terms;
“Customer” – means the individual responsible for registering and creating an account on this website and/or completing the relevant Online Booking Form;
“Energym” – means the company responsible for providing the static exercise bikes that will be used for the Event on the Event Date (https://energym.io/);
“Event” – means the event organised by the Event Organiser whereby teams of 6 compete on static bikes – known as “PWR Hour”. Held on the Event Day at the “Venue”;
“Event Day” – means Event Date specified in Schedule 2 of these Terms and Conditions or such other date as may be advised by the Event Organiser;
“Event Fee” – means the total fee for the Event (exclusive of VAT), as detailed on the Online Event Form and payable by the Customer upon completion and submission of the Online Event Form;
“Event Organisers” – means TrybWorld and other local agencies as detailed in Schedule 2 of these Terms and Conditions;
“Event Partner” – means those third parties who are official Event partners, sponsors and/or suppliers;
“Guests” – means the individuals for whom the Customer purchases the Hospitality Package, the number of which is set out in the Online Hospitality Confirmation;
“Hospitality Fee” – means the total fee payable for the Hospitality Package (exclusive of VAT), as detailed on the Online Hospitality Form and payable by the Customer upon completion and submission of the Online Hospitality Form;
“Hospitality Package” – means the hospitality package chosen by the Customer on the Online Hospitality Form and confirmed on the Online Hospitality Confirmation;
“Online Booking Form” – means the Online Event Form and/or the Online Hospitality Form on the Website;
“Online Confirmation” – means the Online Event Confirmation and/or the Online Hospitality Confirmation;
“Online Event Confirmation” – means the e-mail confirmation sent by the Event Organiser to the Customer at the e-mail address provided by the Customer on the Online Event Form confirming the Customer’s registration for the Event;
“Online Event Form” – means a registration form provided by the Event Organiser and completed and submitted by the Customer on the Website in order to participate in the Event;
“Online Hospitality Confirmation” – means the e-mail confirmation sent by the Event Organiser to the Customer at the e-mail address provided by the Customer on the Online Hospitality Form confirming the Customer’s registration for the Hospitality Package;
“Online Hospitality Form” – means a registration form provided by the Event Organiser and completed and submitted by the Customer on the Website in order to purchase the Hospitality Package at the Event;
“Participant” – means a participant entered by the Customer in the Event;
“Participant Team” – means a team consisting of a minimum of 6 participants;
“Parties” – Means the Event Organisers and the Participant;
“Personal Data” – means the participant’s name, delivery address, email address, phone number, team number, t-shirt size, gender, medical conditions, emergency contact information, age, and company name;
“Terms and Conditions” – means the participant terms and conditions, relating to the Event, as set out below;
“TrybWorld” – means TrybWorld being a limited liability partnership registered in England and Wales with registration number OC335861 and whose registered office is at 5th Floor, 110 High Holborn, London, WC1V 6JS;
“Venue” – means the Event Location specified in Schedule 2 of these Terms and Conditions;
“Website” – means the website at URL: https://pwrhour.co/.
1.2. Unless the context otherwise requires words denoting the singular shall include the plural and vice versa and words denoting any one gender shall include all genders and words denoting persons shall include bodies corporate, unincorporated associations and partnerships.
1.3. References to any statute shall include references to such statute as it may after the date of this Agreement from time to time be amended, supplemented or re-enacted.
1.4. Any reference to a Clause shall be deemed to be a reference to a clause of this Agreement.
1.5. The headings in this Agreement are inserted for convenience only and shall not affect its construction.
1.6. The words “include(s)” or “including” are not to be treated as a word of limitation.
1.7. In the event of conflict between the terms of the relevant Online Booking Form and the subsequent Online Confirmation, the terms of the Online Confirmation shall prevail. In the event of conflict between the terms of either the relevant Online Booking Form or the subsequent Online Confirmation and these Terms, these Terms shall prevail.
1.8 This site may provide links or references to other websites. TW has no control over or responsibility for content on third party sites or transactions that occur there. Links or references are provided for convenience only and TW will not be liable for any damages or injury arising from those sites. By using a third-party site, you may be agreeing to their terms and conditions, which may differ significantly from these Terms.
2. Event Registration
2.1. Only persons aged 18 years or above on the Event Day may be registered for or participate in the Event.
2.2. To register a Participant Team for the Event the Customer must complete the Online Entry Registration Request Form and pay the Event Fee (if requested) in accordance with Clause 3 below. All requests to register for the Event are subject to acceptance by the Event Organiser. Once a Participant Team completes the Online Entry Registration Request Form and pays the Event Fee (if requested) the customer will receive a Registration Request Confirmation. Following this, acceptance of their team entries or hospitality will only be confirmed to the Customer by the Event Organiser when their team is set live via an Online Event Confirmation. Until they receive an Online Event Confirmation and their team is set live, the Customer’s Participant Team entry or entries or hospitality are not confirmed.
2.3. The Customer will only receive confirmation of their team entry after a validly completed Online Entry Registration Request Form has been received by the Event Organiser and the Event Fee (if requested) has been received in cleared funds or invoiced in exceptional circumstances (approved on a case-by-case basis). Online Entry Registration Request Forms will not be accepted once the Event has reached its full capacity of Participant Teams or as otherwise determined by the Event Organiser at its absolute discretion.
2.4. The Event Organiser is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer/internet transmissions or other errors or malfunctions of any kind which may prevent receipt by the Event Organiser of an Online Booking Form or by the Customer on an Online Confirmation.
2.5. All Participants and Participant Teams must comply with all event rules.
3. Payment
3.1. In consideration of the provision of participation places for the Participant Team in the Event, the Customer agrees to pay the Event Fee (if requested) in the amount and manner specified in the Online Event Form.
3.2. In consideration of the provision of the Hospitality Package at the Venue, the Customer agrees to pay the Hospitality Fee in the amount and manner specified in the Online Hospitality Form.
3.3. The Customer acknowledges and agrees that their obligation to pay the Event Fee and/or the Hospitality Fee (if required) in its entirety to the Event Organiser arises upon submission of the relevant completed Online Booking Form.
3.4. Payment of the Event Fee and/or the Hospitality Fee will be taken when the Customer completes and transmits the relevant Online Booking Form through the secure online payment facility.
3.5. The Hospitality Fee shall not, for the avoidance of doubt, include any additional amounts which may be payable by the Customer, the Participants or any Guests for hospitality services purchased at the Event.
3.6. In the event that for any reason the Customer’s completed Online Booking Form is not accepted, the Event Organiser will use reasonable endeavours to refund any payment received from the Customer as soon as reasonably practicable.
3.7. The Event Organiser accepts no responsibility for currency conversion fees and cross border fees or other bank charges imposed by the customer’s bank in addition to the stated race fee. These fees are applied by banking institutions entirely and are in no way applied by either Stripe (the payment gateway) or the Event Organiser. The application of the fees may vary between individual banking institutions, as each has their own policies and discretion in relation to the treatment of such fees, but in all cases the Event Organiser will not refund any of these additional charges over and above the race fee.
4. Cancellation, Amendment and Refusal of Entry
4.1. No refunds shall be provided in the event that:
4.1.1. A Participant Team or any Participant fails to take part in the Event; or
4.1.2. the Customer or the Guests fail to utilise the Hospitality Package for any reason whatsoever, save in exceptional circumstances, as determined by the Event Organiser at its absolute discretion, which, for the avoidance of doubt, shall not include oversight of diary commitments or failure to acknowledge the full Event scheduling or holidays.
4.2. The Event Organiser reserves the right to:
4.2.1. Change the time, date, venue and format of the Event or cancel, delay or postpone the Event, in whole or in part, without liability to the Customer, subject to the notification by the Event Organiser of any such change on the Website and via e-mail to each Participant Team captain; and
4.2.2. refuse any Participant’s entry to the Event or disqualify any Participant from the Event in the event that the Participant is;
4.2.2.1. not wearing the assigned official Event team number;
4.2.2.2. ineligible to participate in the Event (or if participation in the Event should have been refused for any reason);
4.2.2.3. participating in the Event without having accepted the race waiver and release conditions set out in Clause 7.2.10;
4.2.2.4. found to have consumed or to have in his possession any drugs, illegal substances, performance enhancing substances or intoxicants of any kind; or
4.2.2.5. in the reasonable opinion of the Event Organiser, in breach of these Terms.
4.2.3. For the avoidance of doubt, the Event Fee shall not be refundable or transferable following the occurrence of any of the events set out in this Clause 4.2.
4.2.4 The Event Organiser has no liability for any costs or expenses that may be incurred by a Customer or Participant as a result of the occurrence of any of the events set out in this Clause 4.2.
4.3. It is the Customer’s responsibility to check the particulars of the relevant Online Event Confirmation. In order for any errors to be rectified, they must be notified to the Event Organiser within seven (7) days of receipt of the relevant Online Confirmation.
5. The Event
5.1. Leading up to the event, the Event Organiser will send all participants email communications to inform them of important event-related details.
5.1.1. The “race pack” containing a team’s wristbands and baggage labels will be collected by the Team Captain at the venue on the day of the Event.
5.1.2. Additional Hospitality Vouchers (if purchased) will be available for collection in the Race Village.
5.2 The Event Organiser will take reasonable steps to assess the safety and suitability of the Event location prior to the Event.
5.3 A limited supply of water and an appropriate number of first aid and medical personnel will be made available by the Event Organiser at the Event for the benefit of the Participants.
5.4. Participant Teams’ official times will be made available on the Event Date and can be found at: https://pwrhour.co/.
6. The Hospitality Package
6.1. Should hospitality vouchers be made available for the event – lost vouchers or wristbands can be replaced by the Event Organiser if the Customer provides a minimum of three (3) working days’ notice. An administration fee of £5 per replacement voucher or wristband will be charged to the Customer.
7. Customer and Participant Obligations
7.1. The Customer hereby confirms that they are authorised to enter into this Agreement on behalf of each Participant and that they will provide each Participant with a copy of these Terms in advance of the Event.
7.2. By entering into this Agreement, the Customer and each Participant acknowledge and agree as follows:
7.2.1. to abide by the rules, instructions and regulations published and displayed from time to time by the Event Organiser or given on the day of the Event by event officials and/or police;
7.2.2. the official Event team number is personal to the Participant Team and accordingly, each Participant agrees:
7.2.2.1. to wear the official Event team number assigned to the Participant Team; and
7.2.2.2. not to authorise or permit any third party to use the Participant Team official Event team number for the Event without the prior written consent of the Event Organiser;
7.2.3. not to bring to the Event, or whilst participating in the Event use, any drugs, illegal substances, performance enhancing substances or intoxicants of any kind;
7.2.4. that the Event Organiser reserves the exclusive right and royalty-free licence throughout the world (and, the Participant hereby grants the Event Organiser such exclusive right and licence) to interview and/or photograph and/or film Participants at the Event (or subsequent to the Event as the Event Organiser may reasonably require) and to the unlimited use in perpetuity in all current and future media (including print, audio, audio visual, virtual media, the Internet, mobile telephony and so-called “4-G” and “LTE” technologies, CD-ROM or DVDs) of the Participant’s name, likeness and image or facsimile image, signature, voice, video and film portrayals and other means of identification of the Participant, and any biographical or other information or data related to the Participant (including race times and results), in connection with the production, advertisement, marketing or promotion of the Event;
7.2.5. that any medical information provided by a Participant or the Customer on behalf of a Participant in relation to the Event may be used to treat or otherwise assist the Participant as a result of illness or injury at the Event;
7.2.6. that the Event Organiser shall be under no obligation whatsoever to process, analyse, or otherwise take action on, any medical information provided by a Participant or the Customer on behalf of a Participant;
7.2.7. to inform the Event Organiser of any change in their medical condition from the date of the Online Event Confirmation up to and until the Event Day;
7.2.8. that medical personnel (both on-site or on-call) are hereby authorised to administer first aid treatment or any medical treatment to the Participant and transport them in the event of any illness, accident or injury suffered by the Participant in connection with their participation in the Event;
7.2.9. the Participant will be responsible for any medical or transport expenses incurred in connection with any illness, accident or injury sustained or occurring in connection with participation in and/or attendance at the Event; and
7.2.10. that participation in and training for the Event involves potentially dangerous physical activity and inherent risks and dangers of accidents, personal injury (including death) and loss or damage to property. The Participant represents that the Participant is healthy and fit to ride, they understand and have considered and evaluated the nature, scope and extent of the risks involved, and voluntarily and freely choose to assume these risks (except where any such personal and bodily injury, including death, is caused by the gross negligence of the Event Organiser or any of its agents, officers or employees).
7.3. The Customer and each Participant hereby represent to the Event Organiser as follows:
7.3.1. that they will (and where applicable will procure that the Guests will) comply with any directives and guidelines issued by the Event Organiser, including any terms and conditions relating to the Hospitality Event; and
7.3.2. that the Hospitality Package, vouchers or wristbands relating thereto and any other items supplied by the Event Organiser shall not be sold or transferred.
8. Indemnity and Limitation of Liability
8.1. The Event Organiser shall not be held liable for any act or omission by any person not employed directly by the Event Organiser.
8.2. The Customer hereby agrees to irrevocably indemnify and hold harmless, and reimburse the Event Organiser from and against all liabilities, claims, actions, proceedings, loss, damage, costs or expenses (including legal and professional fees) suffered or incurred by the Event Organiser in connection with any accident, loss, damage or injury arising from a Participant’s attendance at, participation in, or training for, the Event and/or the attendance by any Guests at the Venue.
8.3. Subject to Clause 8.11, the Event Organiser will not be liable in any way to a Participant as a result of any failure of the technology in the Energym Bikes and any other technology associated with their equipment,
8.4. Subject to Clause 8.11, the Event Organiser will not be liable to the Customer or any Participants or Guests in contract, tort (including, without limitation, negligence) or otherwise in connection with the Event for loss of revenues, profits, contracts, business, anticipated savings, data, goodwill or reputation or for any special, indirect or consequential losses.
8.5. Subject to Clause 8.11, the Event Organiser’s total liability shall in any event be limited to the amount of the Event Fee (less 10% for administration costs) and any Hospitality Fee (less 10% for administration costs) paid.
8.6. The Event Organiser does not provide any insurance, whether life or medical or liability, for any illness, accident, injury, death, loss or damage that may arise in connection with the attendance at, and/or participation in, the Event by each Participant. Each Participant is advised to obtain such insurance themselves.
8.7. Subject to Clause 8.11, the Event Organiser will not be liable in any way for any loss or damage suffered by the Customer or the Guests howsoever caused resulting from any element of the Hospitality Package not being available to the Customer or the Guests.
8.8. The Event Organiser shall have no responsibility for any property or personal effects left at the Venue or deposited with employees of the Event Organiser by the Customer, the Participants or the Guests.
8.9 If at any time it is discovered that any Participant or Participant Team should have been ineligible to participate in the Event (or if participation in the Event should have been refused for any reason whatsoever) the Event Organisers reserve the right to disqualify from/refuse entry to such Participant or Participant Team to the Event. Further, the Event Organisers reserve the right to reject at any time any Online Registration Form which is believed to be fraudulent, or to disqualify any Participant or Participant Team believed to have not complied with the Terms and Conditions from attending, or participating in any future PWR Hour Events. The Event Organisers shall not be liable in any way to the Participant or Participant Team as a result of any such disqualification or refusal.
8.10. Without prejudice to clause 8.2, the Customer represents and agrees that it will irrevocably indemnify the Event Organiser in respect of any damage accidentally, intentionally or negligently caused by the Customer, the Participants or the Guests to any property belonging to or in the control of the Event Organiser (including the Venue). In the event that such damage does occur, the Customer shall, within seven (7) days of the Event Organiser’s letter outlining the damage to be remedied, ensure payment of any costs arising from such damage.
8.11. Nothing in the Terms shall affect the Event Organiser’s liability:
8.11.1. for death or personal injury resulting from the gross negligence of the Event Organiser or a deliberate act or omission of the Event Organiser, its employees or agents;
8.11.2. for breach of statutory duty;
8.11.3. for fraud or fraudulent misrepresentation; or
8.11.4. to the extent that liability cannot be excluded or limited by law.
8.12. Nothing in these Terms shall affect any statutory rights to which the Participant may be entitled to as a consumer.
9. Data Protection
9.1. Our Privacy Policy sets out how the Personal Data the Event Organisers collect about a Participant may be used.
10. General
10.1. The Event Organiser shall not be liable to the Customer, the Participant or any Guests or be deemed to be in breach of the Agreement by reason of any delay in performing, or any failure to perform, any of the Event Organiser’s obligations in relation to the Event if the delay or failure was due to any cause beyond the Event Organiser’s reasonable control. Without limiting the foregoing, the following shall be regarded as causes beyond the Event Organiser’s reasonable control:
10.1.1. act of God, explosion, flood, abnormally inclement weather, tempest, fire or accident;
10.1.2. war or threat of war, sabotage, insurrection, civil disturbance or requisition;
10.1.3. acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
10.1.4. import or export regulations or embargoes;
10.1.5. strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Event Organiser or of a third party);
10.1.6 difficulties in obtaining raw materials, labour or similar.
10.2. The details of the Event shown in any material supplied by the Event Organiser to the Customer are correct at the time of printing but the Customer shall be responsible for checking with the Event Organiser that no alterations have been made.
10.3. This Agreement and the Race Waiver constitute the entire agreement between the Event Organiser and the Customer with respect to its subject matter, and shall supersede any and all prior agreements, representations or understanding between the parties, whether written or oral.
10.4. If any provision of these Terms (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall apply with the minimum modification necessary to make it legal, valid and enforceable and the validity and enforceability of the other provisions of the Agreement shall not be affected.
10.5. Nothing in this Agreement shall be deemed to constitute a joint venture, partnership or relationship of agency or employment between the parties.
10.6. No term, condition or provision of this Agreement shall be enforceable by a person who is not a party to it.
10.7. The granting by any party of anytime or indulgence in respect of any breach of any term of this Agreement by the other shall not be deemed a waiver of such breach and the waiver by any party of any breach of any term of this Agreement by the other shall not prevent the subsequent enforcement of that term and shall not be deemed a waiver of any breach.
10.8 The Customer shall not assign this Agreement without the prior written consent of the Event Organiser.
Schedule 2 – Event Specific Information
City: London
Delivery Agency: TrybWorld
Event Date: 05/06/2024
Venue: Samsung KX, London
This Agreement (and any non-contractual disputes arising out of it) shall be governed by and construed in accordance with the laws of England and Wales and the parties to this Agreement hereby submit to the exclusive jurisdiction of the Courts of England and Wales.