1. GENERAL TERMS AND CONDITIONS: In these Terms & Conditions,
"Midnight Runners/MR" means London Midnight Runners Ltd, company number 09733429; “MR Crew Captain/Crew Captain” means any individual considered a volunteer organiser of Midnight Runners events; “Crew” means the fitness community that is Midnight Runners; “Heylo” means the events platform you are agreeing to this terms of service on, owned by Heylo co; "Crew Member / Participant" means the individual named on the attendance section of Heylo, registration page; "Agreement" means the acceptance of terms between Midnight Runners and the Crew Member subject to these Terms & Conditions; "Crew Rules" means the terms set out by Midnight Runners that Crew Members agree to abide to when participating in a Midnight Runners event.
Any Crew Members and/or participants at Midnight Runners events are required to register and sign this Agreement on the Midnight Runners site within the Heylo app prior to attending an event. If Crew Members and Participants do not sign up on Heylo prior to the event they will not be allowed to partake in the event. Participation is at Midnight Runners' absolute discretion, and availability may be restricted. Midnight Runners reserve the right to charge a fee for all participants wanting to participate in an event, at their discretion. Where required, all Crew Members & Participants are required to provide photographic identification, and failure to provide this may result in them being denied entry to the event. All Crew Members & Participants agree to abide by these Crew Rules, and failure to do so may result in them being ejected from the event or from the community entirely.
Midnight Runners prides itself on being a welcoming space open to all and all Crew Members & Participants should behave accordingly. Midnight Runners has a zero tolerance policy to offensive or inappropriate behaviour at our events. This includes but is not limited to:
- Verbal Abuse;
- Physical Violence;
- Sexual, Physical, or Verbal harassment;
- Disrespectful Behaviour
Midnight Runners reserves the right to impose appropriate penalties for a breach in conduct which include and are not limited to a temporary suspension from events, the Crew Member’s agreement being terminated, immediate removal from the community and Heylo app, and a lifetime ban.
Complaints or reports of inappropriate or unacceptable behaviour should be directed via the feedback section in the Heylo app OR through contacting firstname.lastname@example.org
All Crew Members and Participants must comply with any reasonable request from Midnight Runners Crew Captains in relation to health and safety, and to ensure smooth running of the event. Midnight Runners Crew Captains are the only Crew Members with insurance permitting them to lead events. Crew Captains are volunteers and not staff of Midnight Runners, any disrespect will not be tolerated.
Midnight Runners timetables, crew captains and events are subject to change at any time. Midnight Runners will endeavour to provide notice when an event is unable to take place for any reason. Crew Members must book in advance to ensure that an event has space for them, as some events may have limited capacity.
5. HEALTH & SAFETY
Crew Members / Participants take full responsibility for any injury or health condition sustained whilst partaking in our events. Participants and Crew Members also take full responsibility for any injury or health condition sustained whilst partaking in Midnight Runners events arising from a previous medical condition. Midnight Runners staff are not medically trained and are therefore not qualified to assess whether the Participant or Crew Member is in appropriate physical condition to attend our events. Midnight Runners advises all Participants and Crew Members to take medical advice prior to starting any exercise programme if they are in any doubt as to their ability to do so.
Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19 The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, national, federal, state, and local governments and national, federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Midnight Runners (“the Club”) has put in place preventative measures to reduce the spread of COVID-19; however, the Club cannot guarantee that you will not become infected with COVID-19. Further, attending the Club could increase your risk of contracting COVID-19. By attending our events, you acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you may be exposed to or infected by COVID-19 by attending the Club and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at the Club may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Club employees, volunteers, and program participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my attendance at the Club or participation in Club programming (“Claims”). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless the Club, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the Club, its employees, agents, and representatives or sponsors, whether a COVID-19 infection occurs before, during, or after participation in any Club program.
A risk assessment has been undertaken for all Midnight Runners events and has been deemed sufficiently safe. As such Midnight Runners takes no responsibility for participants or member actions during one of our events and provides no liability cover for those partaking. Crew Members & Participants take part in our events at their own risk.
Only those aged 18 and over can participate in our events. Proof of ID may be required.
8. BAG DROP AND LOST PROPERTY
Bag drop is only offered for certain events and only for our Crew Members; Midnight Runners takes no responsibility for loss, theft or damage for any items brought by our Crew Members during our events and emphasise that our Crew Members leave their belongings, when a bag drop is available, at their own risk.
During our events photos and videos may be taken for use on Midnight Runners, and its affiliates’, sponsor(s’)/(‘s) and third party vendors’ marketing channels. By attending our events you agree that these can be used by Midnight Runners, and its affiliates’, sponsor(s’)/(‘s) and third party vendors’.
10. LIMITATION OF LIABILITY
Nothing in these Terms & Conditions shall limit or exclude the Midnight Runners’ liability for: (i) death or personal injury caused by its negligence, or the negligence of its personnel or agents; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability which cannot be limited or excluded by applicable law. Subject to that: (a) Midnight Runners and its affiliates, sponsor(s) and third party vendors shall have no liability to the Crew Member or Participant, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss arising under or in connection with these Terms & Conditions; and (b) Midnight Runners’ and its affiliates’, sponsor(s’)/(‘s) and third party vendors’ total liability to the Member or participant, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms & Conditions shall be limited to £50.
11. YOUR PERSONAL INFORMATION
Crew Members are responsible for advising Midnight Runners of changes to their personal information. Midnight Runners takes the responsibility for looking after Members' personal information very seriously, and will only contact Members with information about the Crew and Midnight Runners services available
12. CHANGES TO MIDNIGHT RUNNERS TERMS & CONDITIONS
Midnight Runners may from time to time amend these Terms & Conditions, including the introduction of any additional terms and conditions, and will notify Members by placing a notice on their Heylo Page. Any changes will be effective immediately.
13. THE TERMS OF YOUR AGREEMENT
The application on Heylo, these Terms & Conditions, the Crew Rules make up a binding agreement of Membership with Midnight Runners. Members are advised to read the Terms & Conditions and Crew Rules in full before accepting the terms. The failure of Midnight Runners to enforce any of its rights at any time for any period shall not be construed as a waiver of those rights. Any failure to identify or act upon a breach of the Terms & Conditions or Crew Rules shall not be deemed to be an affirmation by Midnight Runners that the behaviour of the Crew Member is acceptable. Except where permitted by this Agreement, neither Midnight Runners nor the Crew Member may alter the terms of this agreement without the express agreement of the other.
14. GOVERNING LAW AND JURISDICTION
These Terms & Conditions, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms & Conditions or their subject matter or formation (including non-contractual disputes or claims).