COLOR OBSTACLE RUSH TERMS AND CONDITIONS
In consideration for VE Volkslauf Events GmbH (“VEVE”, “we” , “our” and “us”) permitting you to take part in the Color Obstacle Rush (the “Event”) you agree to abide by the terms and conditions set out below and any instructions are given by race officials at the Event.
You and the other members of your group shall be known as the “Party”. Anyone taking part in the event shall be classed as a “Participant” (including Child Participants). Participants aged under 18 on the date of the Event shall be classed as “Child Participants”.
You hereby agree to the following:
i) You must bring a photographic ID (passport or driving license) to the Event in order to identify yourself.
ii) You must sign these terms and conditions prior to attending the Event via a link sent to your email. Signing can also be
done at the site with a mobile phone.
iii) If you are a Child Participant, you also must ensure that your legal guardian (“Legal Guardian”) prints and signs the ‘Child Participant Waiver’ prior to the Event and bring such waiver to the Event. The Child Participation Waiver can be found on our website.
iv) If you are aged under 16, you must be accompanied by a responsible adult for the entire duration of the course (at the same start time). All participants must be at least 12 years old on the day of the event.
If you do not comply with the above, you acknowledge that you shall not be allowed to participate in the Event.
Where applicable, all references to “you” or “your” in these terms and conditions shall also apply to a Child Participant on whose behalf a Legal Guardian is signing where applicable.
MEDICAL HISTORY AND GENERAL RULES
1. If you are acting as a Legal Guardian, you confirm that you are aged 18 or over and have the capacity to agree to these terms and conditions.
2. If you are acting like a responsible adult and accompanying one or more Child Participants on the course, you agree that:
a. you are aged 18 or over and have the capacity to agree to these terms and conditions;
b. any Child Participant is aged 12 years or over on the date of the Event; and
c. each of the confirmations, consents, acknowledgements, undertakings and agreements provided by you in these terms and conditions apply to you and each such Child Participant.
3. You confirm that you are healthy and fit enough (mentally and physically) to complete the Event.
4. You confirm that if any mental or physical condition arises prior to the The event which is likely to affect your ability to participate, you must inform VEVE immediately and VEVE reserves the right to require you to withdraw from the Event without a refund.
5. You confirm that you are not:
a. on prescribed medication;
b. pregnant or breastfeeding
c. suffering from any broken bones and/or serious muscles sprains and/or strains; or
d. suffering from (and have never suffered from) any medical, physical or mental limitation or condition which may affect your participation in the Event, including but not limited to heart problems; (i) diabetes; (ii) asthma; (iii) back or neck problems; (iv) epilepsy; (v) allergies or skin complaints; (vi) migraines; (vii) photo-sensitive epilepsy; and (viii) phobias and/or panic attacks.
6. If one of the circumstances listed above applies to you, you must inform VEVE and get written medical approval to participate in the event, to the satisfaction of VEVE.
7. You acknowledge and agree that VEVE uses strobe lighting in some of its Events, and you hereby assume risks associated with the use of strobe lighting. It is strongly recommended that any Participants suffering from epilepsy do not participate in any Event.
8. If you weigh over 100kg, you must inform VEVE and acknowledge that you may be required to refrain from interacting with certain obstacles at the Event.
9. You consent (on your own behalf and/or on behalf of a Child Participant if applicable) to any and all medical and hospital treatment emergency first aid, medication, medical or hospital treatment or surgery that is deemed advisable or necessary by qualified medical personnel in the event of injury, accident or illness occurring during
your participation in the Event.
10. You must not be under the influence of any drugs or alcohol whilst participating in the Event.
11. It is strongly recommended that you prepare for the challenge of the Event. If you have not exercised before or for some time, you should consult your doctor before participating in the Event.
12. You confirm that you will, at all times during the Event, obey the instructions are given by VEVE employees and that you will not act in any the way that will put other participants or VEVE employees at risk or damage any equipment or obstacles at the Event.
13. You consent and agree that we have the right to take photographs and/or videos and/or digital recordings of you (and/or the Child Participant if applicable) and to make recordings of your/the Child Participant’s voice during the Event (the “Footage”). You agree to assign to us absolutely all existing and future rights (including without limitation copyright and performers’ property rights) in the Footage and any consents necessary to allow us to reproduce, edit, crop, retouch, use, exhibit, display, broadcast and distribute the Footage created on a worldwide basis in any and all media for promotional purposes without limit in time, subject to applicable laws, and waive any right to inspect the final Footage before use and waive any right, claims or the interest you may have to control the use of such Footage or to claim
compensation from us for such use or publication.
14. If you are a Legal Guardian and notice an image of any Child Participant under your guardianship on our website or other promotional material which you wish to have removed, you may ask us to remove such imagery by contacting us on our website with details of the image(s) in question and a website link to the relevant image(s). Once
we receive your request, we will use our best endeavours to remove such imagery from our website and promotional materials.
15. If you are a Legal Guardian for a Child Participant, you hereby give your full consent to the Child Participant participating in the Event pursuant to these terms and conditions and agree to sign the Child Participation Waiver and ensure that such waiver is brought to the Event. We shall email an electronic copy of the Child Participation Waiver to the email address supplied by the person who made the booking.
16. Each Child Participant under 16 years old must be accompanied by a responsible adult for the entire duration of the course (at the same start time). Each responsible adult may accompany a maximum of five children on the course.
WAIVER AND INDEMNITY
17. You assume all of the risks of participating (or the Child Participant participating) in the Event including but not limited to any accidents, slips fall, negligent acts of other participants or effects of weather, and you hereby confirm that you understand that participating is a potentially hazardous activity in which injuries could occur.
18. You assume total responsibility for the condition, maintenance and safekeeping of any personal property and/or equipment that you bring to and/or may use during the Event, including but not limited to mobile phones and cameras and any property left by any Participant in any bag drop or cloak room area operated by VEVE.
19. You acknowledge that you are (and the Child Participant where applicable) is participating in the Event at your own risk and you and/or the Child Participant hereby release and forever discharge VEVE, its owners, subsidiaries, affiliates, administrators, medical advisors, promotion agencies, sponsors and venue owners
together with each of their respective members, directors, agents, officers, consultants, contractors and representatives (together, the “Released Parties”) from any claims and liabilities whatsoever, to the fullest extent permitted by law, as a result of your presence at or participation in the Event, other than any death or personal injury caused by VEVE’s negligence.
20. VEVE shall not be liable for any indirect or consequential loss or damage, loss of profit, anticipated savings or wasted expenditure whatsoever arising out of your presence at or participation in the Event.
21. You agree to indemnify and hold harmless the Released Parties from any losses, damages, costs, expenses and demands arising out of any claim or litigation brought against them by:
a. you or on behalf of you/the Child Participant and/or your estate;
b. any third parties as a result of your/the Child Participant’s
actions during the Event.
23. Your medical information will only be used for the purpose of giving you medical assistance at the Event.
EVENT FORMAT AND CANCELLATION
24. VEVE reserves the right to make any variation to the format of the Event deems necessary in its absolute discretion (including but not limited to variations in the distance, format, theme and number and/or type of obstacles) and shall not be obliged to offer a refund.
25. VEVE reserves the right to cancel or reschedule an event in its absolute discretion in the event of an emergency (defined below) and shall not be obliged to offer a refund.
26. For the purposes of these terms and conditions, an “emergency” means any event beyond the control of VEVE including but not limited to inclement weather, earthquake, flood, acts of terrorism, civil war, nuclear, chemical or biological contamination, any law or action taken by a government or public authority, epidemic or pandemic, fire, threatened or actual strike, labour difficulty or work stoppage, insurrection, war, public disaster, or unavoidable casualty.
27. VEVE and the Event staff reserve the right to remove participants from the Event in their absolute discretion if such action is considered necessary for safety reasons or the proper enjoyment of the Event by other participants or for any other reasonable reason.
28. In the event that you are dissatisfied in any way with the services provided by VEVE, please contact us on our website. Any complaints shall be handled in accordance with our complaints procedure.
29. You agree that these terms and conditions supersede any prior understanding between yourself and VEVE relating to the rights granted herein and may not be modified unless in writing and signed by both parties.
30. Each of the provisions of these terms and conditions is severable. If any provision (or part thereof) of these terms and conditions is held to be illegal, invalid or unenforceable, or would be valid, binding and enforceable if some sort of the provision were deleted or amended, then the provision shall apply with the minimum modifications necessary to make it valid, binding and enforceable, and the the remainder shall continue in full force and effect.
31. There is no right of withdrawal for consumers. Contracts for the provision of services in connection with leisure activities are excluded from the statutory right of withdrawal if the contract provides for a specific date or period for the provision. This means that if VE Volkslauf Events GmbH offers services in the field of leisure activities, in particular tickets for events, there is no right of withdrawal (§ 312g para. 2 sentence 1 no. 9 BGB). Every order of admission tickets is therefore immediately after confirmation in accordance with II. 1. binding by VE Volkslauf Events GmbH and obliged to accept and pay for the ordered tickets.
32. The place of jurisdiction is Frankfurt am Main, Germany, insofar as the participant is a merchant, a legal entity under public law or a special fund under public law. The same applies if a participant does not have a general place of jurisdiction in Germany or if the domicile or habitual residence is not known at the time the action is brought. The business relationships between the organizer and the participant are subject to the law of the Federal Republic of Germany. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. The validity of UN Sales Law is excluded.