THE BLENHEIM PALACE TRIATHLON 2025 – TERMS AND CONDITIONS OF ENTRY

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY APPLYING TO

TAKE PART IN THE BLENHEIM PALACE TRIATHLON 2025, YOU AGREE TO BE

BOUND BY THESE TERMS AND CONDITIONS.

1.0  Definitions

·       “Associated Parties” means the officers, employees, suppliers, sponsors of the Event Organiser or persons for whom the Event Organiser is answerable.

·       “Booking Fee” means the fee added to the entry price. This covers the admin fee to process the entry and any associated credit card charges and is non-refundable. Booking fees are not applicable to LimeLight Sports Club members.

·       “Charity” means the charity that has reserved the Charity Participant’s place in the Event.

·       “Charity Participant” means a person participating in the Event, whose place has been reserved by a Charity and who is named on the Charity bond registration.

·       “Conditions” means these terms and conditions of entry for the Event.

·       “Dual Discipline Event” means an event that incorporates any two of the three Olympic triathlon disciplines.

·       “Entry Fee” means the price of entry into the Event as set out in the Entry Form, such price may be changed by the Event Organiser at its discretion.

·       “Entry Form” means the website pages on the Online Entry Portal which must be completed in order to participate in the Event.

·       “Entry Place” means a Participant’s confirmed place to take part in the Event

·       following completion of the Entry Form and payment of the Entry Fee via the Online Entry Portal.

·       “Super Early Bird Entry” means event tickets bought that are explicitly named Super Early Bird Entry at the point of sale and/or within the confirmation email

·       “Event” means the Blenheim Palace Triathlon 2025.

·       “Event Category” means an individual race category or stream within the Event.

·       “Event Day” means the day the participant is scheduled to take part in the event (Saturday or Sunday).

·       “Event Information” means any and all information provided prior to the Event by the Event Organiser in relation to the Event.

·       “Event Organiser” means MOTIV SPORTS UK LIMITED, a company registered in England & Wales with company registration number 08371074 whose registered office is at Batchworth Lock House, 99 Church Street, Rickmansworth, England, WD3 1JJ. Our registered VAT number is GB455 4415 90.

·       “Help Desk” means the official information desk run by the Event Organiser at the Event for the duration of the Event

·       “Online Entry Portal” means the Event Organiser’s online registration system, which participants must use in order to apply, register and pay for entry to the Event.

·       “Speedy Registration Form” means the Event Organiser’s online short form registration system, which participants must use in order to apply, register and pay for Super Early Bird and Early Bird entries to the Event

·       “Parental Consent” means the section provided by the Event Organiser on the Online Entry Portal, which must be completed by the parent or guardian of any Participant who will be under 18 years of age on or before 31 December 2025.

·       “Participant” means the person named on the Entry Form who will be participating in the Event.

·       “Personal Data” means the participant’s name, delivery address, email address, phone number, race number, t-shirt size, gender, medical conditions, emergency contact information, age, running experience, seeding category, personal story (if provided), registration status, activation link, and company or charity name (if applicable).

·       “Race Pack” means the official pack issued by the Event Organiser to the Participant containing all relevant Event materials.

·       “Venue” means the venue where the Event is held.

2.0  Acceptance of Conditions

2.1  These Conditions shall apply in place of, and prevail over, any terms or conditions (whether or not in conflict or inconsistent with these Conditions) contained or referred to in any documentation submitted by the Participant (in correspondence or otherwise) or implied by trade custom, practice or course of dealing. The Participant shall be deemed to have accepted these Conditions upon completion of the Entry Form or, in the case of a Charity Participant, by completion of entry forms provided by their designated Charity. All references to ‘Participant’ in these Conditions shall include a Charity Participant unless expressly stated otherwise and any references to ‘participants’ shall include the Participant.

3.0  Application and Payment

3.1  The Participant shall complete the Entry Form on the Online Entry Portal and submit it together with payment of the Entry Fee and Booking Fee in accordance with the instructions on the Online Entry Portal. This clause is not applicable to Charity Participants.

3.2  The Participant shall not be eligible or entitled to participate in the Event until full payment of the Entry Fee and Booking Fee has been received by the Event Organiser. No payment shall be deemed to have been received until the Event Organiser has received cleared funds. This clause is not applicable to Charity Participants.

3.3  Unless specifically prescribed otherwise by the Event Organiser, the minimum age of entry for the Event is 17 years old as at 31 December of the year in which the Event takes place. Parental Consent must be completed by a parent or guardian of any Participant who will be under the age of 18 at the date of the Event. Parental consent is completed during the registration process via the online entry form.

3.4  All teams must register all team members on the online entry portal no later than four (4) weeks before the event.

3.5  The Event Organiser will use its reasonable endeavours to offer the Participant their desired Event Category, however the Event Organiser is not responsible for the availability of any Event Category. All Entry Places, including those for Charity Participants and any Entry Place that has been deferred from the previous year, are conditional on availability at the time of application. Should places in any Event Category be oversubscribed, the Event Organiser reserves the right to offer the Participant a place in an alternative Event Category.

3.6  The Participant shall not be entitled to change the Event Day or Event Category they has applied for after submitting the Entry Form.

3.7  The Event Organiser will email all communications, including any offers of deferred entry or reserved entry places, newsletters and other relevant Event information, to the email address provided by the Participant on the Entry Form. The Event Organiser shall not be held responsible for any computer malfunctions or other technical anomalies that may occur in the process of sending out such email communications that result in failure of receipt by the Participant. To ensure receipt of all Event Information, it is the sole responsibility of the Participant to ensure they provide the Event Organiser with the correct email address and postal address and to inform the Event Organiser of any changes to these prior to the Event. The Event Organiser will process any changes to the Participant’s contact details up to 6 weeks before the Event. If a Participant has a change in address after this time, they must contact the Event Organiser to arrange to collect a Race Pack at the Help Desk at the Event.

3.8  The Event Organiser shall provide an official Race Pack to the Participant on their arrival to the event site. The Participant acknowledges that the Registration Marquee may be busy during the Event days and the Participant must therefore ensure they allows a reasonable amount of extra time to collect their Race Pack. If the Participant has supplied the Event Organiser with a postal address located outside the United Kingdom, they will be responsible for collecting a Race Pack at the Help Desk. When the Participant collects their Race Pack from the Registration Marquee/Help Desk, the Participant must produce appropriate photographic identification acceptable to the Event Organiser. A driver’s licence or passport will be accepted.

3.9  The Participant acknowledges and agrees that:

3.9.1        entry to the Event is for personal use only;

3.9.2        they may not donate or give away their Entry Place free of charge;

3.9.3        they may not purchase an Entry Place as part of any form of business or commercial activity (save as expressly authorised by the Event Organiser in advance in writing);

3.9.4         they may not resell, offer for resell or allow a third party to resell their Entry Place (whether at a premium or otherwise);

3.9.5        their Entry Place may not be used for advertising, promotion (including as a prize in competitions and sweepstakes), travel packages, or for any other trade purposes;

3.9.6        any donation, give away, resale or attempted resale of an Entry Place is grounds for seizure or cancellation of the Entry Place without refund of the Entry Fee or other compensation.

3.9.7        The Event Organiser will process any personal data provided to it by a Participant in accordance with the privacy policy available on the Event Organiser’s website (https://www.motivsports.co.uk/privacy-policy).

4.0  Participation

4.1  The Participant agrees to abide by all applicable rules and regulations of any relevant sporting governing bodies that may oversee the Event, including but not limited to the Competition and Doping rules of the British Triathlon Federation (“BTF“) and the rules and regulations of the International Triathlon Union (“ITU“) (“Applicable Rules”). The Participant shall not be entitled to a refund of the Entry Fee if he or she is disqualified from the Event as a result of an infringement of these Conditions or any Applicable Rules. The Event Organiser and/or owners of the Venue are also entitled to impose additional Event rules upon the Participant from time to time which will be provided or made available to the Participant and will form part of these Conditions. The Applicable Rules may be obtained from britishtriathlon.org and www.triathlon.org.

4.2  The Participant agrees they must either; i) purchase one BTF Race Pass per race entered at the 2025 Blenheim Palace Triathlon through either the event registration platform or via BTF directly or ii) or hold a valid BTF membership which includes an applicable race pass valid on the day of the event. This requirement must be fulfilled prior to participating in the triathlon. Failure to comply with this requirement may result in participant not being able to take part in the event. Participants will not be entitled to a refund of ticket cost if they don’t hold valid BTF Membership on the day of the event.

4.3  On the day of the Event, the Participant must complete the registration process at the Venue (including, if required, racking their bike) at the times set out in the Event Information.

4.4  It is the Participant’s responsibility to provide and use a roadworthy bicycle, helmet, or other safety requirements to ensure compliance with BTF rules and regulations. If required, the Participant will supply any such equipment to the Event Organiser for inspection.

4.5  The Event Organiser may introduce (at its absolute discretion) cut off time limits in respect of the time taken to complete sections of the Event to ensure the safe and proper running of the Event. Any cut off times will be included in the Race Pack. Participants may be instructed to withdraw from the Event in accordance with imposed cut off times.

4.6  Unless otherwise notified by the Event Organiser, swimming wetsuits are compulsory for the open water stage of the Event. It is the Participant’s responsibility to provide and use a wetsuit which complies with BTF rules and regulations. Participants without a wetsuit will not be allowed to compete and will not be refunded their Entry Fee.

4.7  The Event Organiser reserves the right at any time to remove the Participant from the Event or prevent the Participant participating in the Event if the Event Organiser considers (in its absolute discretion) such action necessary for safety reasons or the proper enjoyment of the Event by other participants or for any other reasonable reason. No refund of the Entry Fee shall be made if the Participant is removed from the Event because they has acted negligently, maliciously, with wilful misconduct or otherwise without due care and attention for the Event or other participants.

4.8  While the Event Organiser takes every care with the staging of the Event, the Participant acknowledges that no insurance is taken out by the Event Organiser on the Participant’s behalf through the BTF or otherwise. The Participant acknowledges and agrees that they is solely responsible for taking out adequate insurance cover in relation to their participation in the Event (whether through the BTF or otherwise), including without limitation, personal accident or personal items insurance. In particular, the Participant acknowledges that, subject to clause 5, any withdrawal from the Event on medical grounds will not entitle the Participant to a refund of the Entry Fee and any insurance to cover such circumstances is their own responsibility.

4.9  The Participant acknowledges and agrees that the Event Organiser will organise and run the Event and will have sole authority and be the final arbiter on all decisions relating to the safety, running and organisation of the Event, the rules of the Event, the timings/finish times and the placings. The Participant shall comply with all Event rules and all instructions and guidelines given by stewards, marshals, and safety personnel at the Event. All decisions and rulings by the Event Organiser, its employees and its agents are final.

4.10           The Participant acknowledges and accepts that circumstances concerning the Event may change from time to time for reasons out of the Event Organiser’s reasonable control or otherwise, and any such changes will not result in the Event Organiser incurring any liability or any refund of the Entry Fee should the Participant withdraw from the Event, other than as set out in clause 5 below. By way of example and for illustration purposes only, rules regarding wetsuits and/or the exact route of any part of the Event may change but such changes will not result in any liability for the Event Organiser or any refund of the Entry Fee if the Participant decides to withdraw from the Event as a result of these changes.

4.11           The Event Organiser reserves the right to amend the Event format at its sole discretion (for example and by way of illustration only, from a Triathlon to a Dual Discipline Event or other suitable race format) or cancel the Event due to circumstances beyond its reasonable control or for any safety related reason and shall have no further liability whatsoever in respect of such cancellation. If the Event is changed to a Dual Discipline Event or other format the Participant will not be entitled to any refund of the Entry Fee and the Event Organiser shall have no further liability whatsoever in respect of such change of format. For the avoidance of doubt, unless the Event is changed to a Dual Discipline Event, no Participant shall be permitted to change to a Dual Discipline Event, or to participate in only two of the three Olympic triathlon disciplines at the Event. If the Participant is unable to complete either one or more of the three Olympic disciplines due to circumstances arising during the Event, the Participant shall only be permitted to complete either one or two of the Olympic disciplines with the express permission of the Event director or an Event official.

4.12           The Event Organiser will use reasonable endeavours to provide an Event finish time for the Participant however the Event Organiser shall not be responsible for the provision of a finish time in the event of any computer result anomalies or any technical malfunctions.

4.13           Participants acknowledge and agree that Unmanned Aerial Systems (UAS), including without limitation, drones, multirotors, helicams, RPA (remotely piloted aircraft), ROV (remotely operated vehicle), SUSA (small unmanned surveillance aircraft) and UAV (unmanned aerial vehicle), are not permitted at the Event.

4.14           The Event Organiser reserves the right at any time to remove the Participant from the Event or prevent the Participant participating in the Event if the Event Organiser considers (in its absolute discretion) that the Participant has failed to pass the Covid-19 protection procedures in place at the Event, or is displaying symptoms of Covid-19. Participants are deemed responsible for complying with Government guidance on quarantining and shielding, and no refund of the Entry Fee shall be made if the Participant is removed from the Event under this clause.

4.15           The Event Organiser reserves the right to amend the Event format at its sole discretion and this may include replacing the Event with a socially distanced Event, or a reduced capacity Event, or a Digital Event where the Participant follows a route of solo participation via a mobile app or other digital medium, or another format at the Event Organiser’s sole discretion. The delivery of an Event under such an Event format change shall be deemed delivery of the Event and the Event Organiser shall have no further liability whatsoever in respect of such Event.

5.0  Withdrawal

5.1  This clause 5 shall not apply to Charity Participants whose Entry Places are the property of the relevant Charity. All Charity Participants should revert to their designated Charity for further information or queries concerning withdrawal, cancellation or refunds. No refunds shall be made to any Charity Participant pursuant to this clause 5 under any circumstances. All Charity Participants acknowledge that their Charity may prevent them from competing if they have not complied with any terms and conditions imposed on them by the Charity, whether in respect of fundraising or otherwise.

5.2  The Participant acknowledges that Entry Places are limited, and payment of the Entry Fee and reservation of an Entry Place has an effect on logistics and the subscription for the Event. Accordingly, the Participant acknowledges and agrees that they will not be entitled to a refund of the Entry Fee or to transfer or defer their Entry Place if they withdraws from the Event for any reason (including because of illness or injury) subject to 3.2 and 5.8

5.3  The following conditions apply in respect of any withdrawal from the Event by the Participant after their Entry Place has been confirmed:

5.3.1        After the clearance of the appropriate payment, the Participant shall receive an Online Confirmation. No refunds or deferrals shall be provided for any reason should a Participant fail to take part in the Event.

5.3.2        If the participant chooses to transfer to a shorter distance, there will be no part-refund. If the participant chooses to transfer to a longer distance, the Participant will pay the difference in registration fee of the ticket price at the time of upgrade.

5.3.3        The Participant will be eligible to defer their entry to the 2026 Event for a fee. This fee is at the discretion of the Event Organiser. The deadline to transfer their entry to the 2026 event is 03/04/2025. Only the event ticket cost is eligible for deferral. When registering for the 2026 event, the participant must pay the admin fee again and no extra purchases (iTab, merchandise) are carried over with the deferral.

5.3.4        The Participant will be eligible to defer their entry another Motiv UK event in 2025 for a fee. This fee is at the discretion of the Event Organiser. The deadline to transfer their entry to a 2025 Motiv UK event is 03/04/2025. Only the event ticket cost is eligible for deferral. When registering for the new 2025 event, the participant must pay the admin fee again and no extra purchases (iTab, merchandise) are carried over with the deferral.

5.3.5        The Participant will be eligible to transfer their 2025 entry to a friend for a fee. This fee is at the discretion of the Event Organiser. The deadline to transfer their entry to a friend for the 2025 event is 27/03/2025. The deadline for a friend to take up the entry transferred to them is 03/04/2025. Only the event ticket cost is eligible for transfer. When registering for the new place, the new participant must pay the admin fee again and no extra purchases (iTab, merchandise) are carried over with the transfer.

5.4  The Event Organiser reserves the right to change the date of the Event and shall notify the Participant of any such change as soon as reasonably practicable. In this circumstance the Participant’s place will be automatically deferred to the new date free of charge. If the Participant is unable to attend on the revised date, they may withdraw from the Event but will not receive a refund of the Entry Fee. For the avoidance of doubt, the Event Organiser reserves the right to alter the start time of the Event and shall notify the Participant of any such change as soon as reasonably practicable. No refund of the Entry Fee will be made in full or in part as a result of any change in the start time of the Event.

5.5  If the Participant fails to register for the Event at the Venue, they will receive no refund of the Entry Fee and shall not be entitled to transfer their Entry Place to another person or reserve an Entry Place for the following year.

5.6  The Participant must notify the Event Organiser of any intention to withdraw from the Event no later than the day before the commencement of the Event by mailing the Event Organiser at hello@blenheimtriathlon.com stating clearly the desire to withdraw and putting the word WITHDRAWAL in the subject line of the email. Withdrawals will not be accepted by telephone under any circumstances. The Participant agrees and acknowledges that a withdrawal is only valid if made in accordance with these Conditions and confirmed by the Event Organiser in writing.

5.7  The Participant is responsible for returning their timing chip to the Event Organisers after their event. Failure to do so will result in a fee of £20 being charged to The Participant by the Event Organisers.

5.8  The Event Organiser strongly recommends that Participant protect themselves in the event that they have to withdraw from the Event due to injury, illness or other reasons.

6.0  Liability

6.1  The Participant acknowledges that participation in the Event is physically strenuous and demanding. By entering the Event, the Participant agrees that they is aware of the nature of the Event and the associated medical and physical risks. The Participant acknowledges that the Event Organiser strongly advises all participants to attend a coached introduction to open water swimming prior to their participation in the Event.

6.2  The Participant agrees that: (i) they is physically capable of competing in the Event; (ii) they shall be solely responsible for their actions at the Event; and (iii) the Event Organiser, its officers, employees, agents, affiliates, associated companies, sponsors or medical advisers are not responsible for any injury or illness that the Participant may suffer as a result of their participation in the Event (unless caused due to the negligence of the Event Organiser). The Participant accepts that, should any medical or physical condition arise prior to the Event which is likely to affect their ability to compete, the Participant will withdraw from the Event in accordance with clause 5 of these Conditions.

6.3  The Event Organiser will not be liable for the actions of spectators or other third parties at the Event.

6.4  Nothing in these Conditions shall limit or exclude the Event Organiser’s liability for:

6.4.1        death or personal injury caused by the Event Organiser’s negligence;

6.4.2        fraud or fraudulent misrepresentation; or

6.4.3        any other liability which cannot be limited or excluded by applicable law.

6.4.4        Subject to clause 6.4, the Event Organiser shall not be liable to the Participant for any liability in contract, tort (including negligence) or otherwise for any loss of business, revenue or profits, anticipated savings or wasted expenditure, loss or damage of or to personal equipment belonging to the Participant or any indirect or consequential loss or damage whatsoever (notwithstanding that such loss was within the contemplation of the parties at the date of submission of the Entry Form) arising out of the Participant taking part in the Event or any other matter arising under these Conditions. Without prejudice to the above limitation and subject to clause 6.4, the Event Organiser’s total liability in connection with these Conditions whether in contract, tort (including negligence) or otherwise shall not exceed an amount equal to the Entry Fee.

6.5  The Participant hereby expressly and irrevocably renounces on behalf of themself and their heirs and successors in title the right to any recourse or claim whatsoever against the Event Organiser or its Associated Parties as a result of any kind of physical, mental or other loss or damage of whatsoever nature (including any loss of earnings, profits, or pain and suffering) suffered by the Participant, directly or indirectly, or by their family or by any dependents and arising out of or in connection to the Participant’s participation in the Event and the Participant on behalf of themself and their heirs and successors in title shall indemnify and shall keep indemnified the Event Organiser and/or the Associated Parties against any claim, action, liability or loss in respect of any such liability. The Participant on behalf of themself and their heirs and successors in title shall also indemnify the Event Organiser and the Associated Parties against any claim, action, liability or loss arising from or in connection with any breach by the Participant of their obligations under these Conditions or any negligent act or omission or wilful misconduct on the part of the Participant in connection with the Event.

6.6  This clause 6 shall be read and construed and shall have effect subject to any limitation imposed by any applicable law.

7.0  Publicity

7.1  The Participant irrevocably consents to:

7.2  their appearance in the Event being filmed, recorded, incorporated and exploited by the Event Organiser and its Associated Parties in whole or in part in any television programme, film, video or broadcast of whatever nature by all means and in all media and formats now known or subsequently invented worldwide in perpetuity; and

7.2.1        the use and reproduction by the Event Organiser and its Associated Parties of the Participant’s name, finish time, likeness and appearance, including without limitation in any photograph, film or recording, by all means and in all media worldwide in perpetuity for the purpose of advertising, publicity and otherwise in relation to the exploitation of the Event (and future events) and/or the promotion of the Event (and future events) and the commercial rights relating to the Event (and future events) provided that such use does not imply direct endorsement by the Participant of any official sponsor or supplier of the Event.

7.2.2        Any film, photograph (by camera or mobile phone), or any other recording of moving or still picture of the Event captured by the Participant, and all intellectual property in connection therewith (including but not limited to copyright) shall remain the property of the Event Organiser, and where such intellectual property does not automatically vest in the Event Organiser, these Conditions shall constitute a legally binding assignment thereof and/or the Participant shall sign all reasonable documentation required to give affect thereto. Any such film, photograph or recording shall not be used other than for private use without the Event Organiser’s prior written consent.

8.0  Personal Data

8.1  We may share your Personal Data with the following third parties who perform services on our behalf in connection with the Event:

8.1.1        If you register for the Event as part of a team, a designated leader or contact person

8.1.2        for your team, to enable them to complete your registration;

8.1.3        The company appointed to carry out race pack fulfilment;

8.1.4        St John Ambulance (or similar company), in connection with any medical assistance

8.1.5        given to you in relation to the Event;

8.1.6        Marketing agencies, for the purpose of anonymised analysis and provision of digital advertising services

8.1.7        The company appointed to carry out timing services at the event to enable them to process timing chips; and

8.1.8        The company appointed in connection with Event photography; In each case, solely to the extent necessary to deliver those services and strictly in accordance with all applicable Data Protection Laws.

8.2  We will not otherwise pass on your information to third parties except with your prior consent. If you purchase Event merchandise as part of your registration process, including but not limited to iTabs and apparel, we are entitled to share your Personal Data with the relevant third parties solely for the purpose of those parties fulfilling your order. You acknowledge that any medical information supplied during registration, where deemed necessary, may be used to treat or otherwise assist you as a result of any illness or injury at the Event. You undertake and agree to inform the Event Organisers of any change in your medical condition from the Registration Date up to and until the start of the Event. Nothing in this paragraph shall give the Event Organisers the obligation to process, analyse, or otherwise take action on, any medical information provided by the Participant either during or after the registration process. In the event that you become ill during or after the Event and require medical attention, you hereby authorise the Event Organiser to provide your details to any Event medical provider, or any doctor or hospital for the purpose of you receiving any required treatment.

9.0  General

9.1  These Conditions (and the documents referred to therein) constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to the Event. The Participant acknowledges and agrees that in submitting the Entry Form (and the documents referred to therein) it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty, understanding, promise or assurance (whether negligently or innocently made) of any person (whether party to these Conditions or not) other than as expressly set out in these Conditions.

9.2  Nothing in these Conditions shall constitute or be deemed to constitute a partnership between the parties hereto or constitute or be deemed to constitute either party as agent of the other for any purpose whatsoever and neither party shall have authority or power to bind the other or to contract in the name of the other in any way or for any purpose.

9.3  No waiver by either party of a breach or a default hereunder shall be effective unless in writing and signed by both parties and any such waiver shall not be deemed to be a waiver of any subsequent breach or default of the same or similar nature.

9.4  If any provision or part-provision of these Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part provision under this clause shall not affect the validity and enforceability of the rest of these Conditions.

9.5  These Conditions and entry into the Event are personal to the Participant and they may not assign any of their rights or obligations under this Agreement without the prior written consent of the Event Organiser, to be granted at its absolute discretion in accordance with clause 5.

9.6  These terms and conditions, their subject matter and their formation (and any noncontractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales. By entering into this agreement, we both agree that Regulation 28(1)(h) of the Consumer Contracts Regulations 2013 excludes a consumer’s rights to cancel a contract for the supply of services related to leisure activities if the contract provides for a specific date or period of performance and that this exclusion applies to this agreement.