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This is a binding legal document. The purpose of this document is to set out the conditions of participation, exempt, waive, and relieve the Releasees, defined below, from liability for personal injury, property damage, wrongful death, or other claims that may result from being a participant in the activities of Challenge Denmark, a triathlon taking place on June 9th 2018. In consideration of being permitted to participate in any way in the sport and activities of Challenge Denmark, or to utilize equipment provided by Challenge Denmark, and having voluntarily elected to participate, I as Participant agree as follows:
(1) “Releasees” – are Challenge Denmark, its principals, directors, officers and employees, and all of its agents, representatives, affiliates, suppliers, or distributors.
(2) “Organizer” – is Challenge Denmark, its principals, directors, officers and employees, and all of its agents, representatives, affiliates, suppliers, or distributors.
(3) “Participant” is the individual who is engaged in the triathlon and activities of Challenge Denmark, identified by the Participant’s NAME, ADDRESS, and TELEPHONE NUMBER as submitted at registration.
Conditions of Participation
§ 1 Scope of application/general regulations
1) The Conditions of Participation regulate the legal position concluded between the Participant (You) and the Organizer. They are subject to occasional changes in content. Upon registration (online or offline) they are, in their respective applicable version, part of the contract between the Organizer and the Participant. Changes made with respect to the legitimate interests of the participants and published on the internet or in written form will be an integral part of the contract without further notification.
2) Upon registration, the Participant acknowledges the race rules of the Organizer, the Challenge Family and the national federation (DTRiF) in their respective valid versions and in this order. These regulations are not subject to appeal in a court of law.
3) The Participant must obey the rules and regulations of the Organizer as defined by the race regulations, the official race program/race information, and the conditions announced at the pre-race briefing. Participation at the pre-race briefing is mandatory for all participants.
4) After viewing the race circuit and the transition areas, the Participant agrees to accept the courses as suitable for participation in the event. In case the athlete notices security risks, he must inform the Organizer immediately (see § 2 paragraph 2).
§ 2 Organizational measures
1) The Organizer shall inform the Participant of organizational measures prior to the event. Compliance with the instructions given by the Organizer and organizational personnel is absolutely mandatory.
2) In case of non-compliance the Organizer has the right to exclude the Participant from the event and/or announce the disqualification, should the order of the event or the safety of other participants be endangered. Legally binding declarations concerning participants can only be announced and accepted by authorized organizational personnel.
3) Authorized personnel includes the medical staff responsible during the event. Where medical staff considers a Participant unfit for participation in the event, they are duly authorized to exclude that Participant from the race for his/her own safety and/or to deny him/her further participation in the event.
§ 3 Registration
1) The Organizer reserves the right to disqualify and/or exclude a Participant from the event at any time, should he/she have culpably given incorrect information on the registration application, be liable to a ban by a sports federation or if there is reason to suspect that the Participant is entering the race after consuming forbidden substances (doping), or displaying unsportsmanlike conduct towards the Challenge series and/or any of its partners.
2) Participation in the event is strictly personal and non-transferable. Each Participant must personally pick up his/her race bag and documents. The race number may not be transferred to a third party. Should this specification be violated, the Participant, as well as the person to whom the number is transferred, shall be disqualified. The Organizer reserves the right to take further measures in the case of transfer of race numbers (e.g. temporary or permanent suspension from the race and Challenge series).
3) Where a Participant, who is registered in the race, does not start or withdraws early from the race, giving the organizer due notice, that Participant will have no claim to reimbursement of the entry fee. This also generally applies to a justified withdrawal of the Participant.
4) Reimbursement of the entry fee shall only be considered in case of complete cancellation of the event. Where the Organizer is not held responsible for the cancellation, there will only be a partial reimbursement. The amount of the reimbursement will be determined as follows: the balance remaining after deducting expenses already incurred by the Organizer will be split proportionately between the participants.
§ 4 Data collection and data utilization
1) The personal information of each Participant, given at the time of registration, will be stored and processed for the purpose of execution and processing of the event. This includes the medical attention on the course and at the finish line, by the medical services responsible during the event. This also applies to the data necessary for the processing of the entry fee payment. Upon registration, consent to storage of personal information is given.
2) Photographs, film footage and reproduction, as well as interviews of the Participant on radio, television, print media (books, race program, registration form, etc.) made in conjunction with the event may be utilized and published unrestrictedly by the Organizer without any claim to remuneration.
3) It is understood that rights to images and sound of the event lie exclusively with the Organizer.
4) The personal data stored, will be forwarded to a commercial photo service, in order to supply the Participant with photos of himself/herself on the racecourse and when crossing the finish line. Upon registration the Participant consents to storage of data for this purpose.
5) If required, the personal information may be passed on to a commercial third party. Upon registration, the Participant gives his or her consent to storage and disclosure of race-related data. Additionally, the Participant agrees to accept enquiry from third parties. The following data may be printed and published in all relevant media of the event (print media such as race program and list of results, also on the internet), for the purpose of representation of the Participant in start lists and result lists: surname, name, birth year, sex, club, race number and ranking (ranking and times). Upon registration the athlete gives consent to storage of data for this purpose.
§ 5 Doping
1) With his/her registration, the Participant submits that prior doping measures do not influence his/her performance and physiological values. The subsequent regulations are based on the objective of the Organizer to guarantee a clean and fair sport, free from doping, and to allow only compliant Participants to compete in the event and to be rated in the list of results. We reserve the right to take bikes to check for mechanical doping.
2) With his/her registration, the Participant expressly acknowledges that the doping provisions of the World Anti-Doping Agency (WADA), the Danish Triathlon Association and the Challenge Family in their respective valid versions are binding. Waiver of Liability, Assumption of Risks, Release and Indemnity Agreement.
§ 6 Rules, terms and conditions of participation
I have read and understand the Rules, Terms, and Conditions of Participation (and have explained them to my minor Participant, if applicable) and will comply with them at all times. Management, in its sole discretion, may terminate my participation at any time if I fail to abide by the Rules, Terms, and Conditions of Participation. Management also reserves the right to modify the order of the event or to cancel the Challenge Denmark event completely due to unfavourable weather conditions, technical difficulties, and directives issued by authorities, or due to “force majeure”. No claims of damages in favour of the participants shall arise in these cases.
§ 7 Appreciation of risks
I comprehend and appreciate that there are foreseeable and unforeseeable inherent dangers and risks of harm involved in the sport and activities of Challenge Denmark. I acknowledge that the activities are physically and mentally intense. I fully understand and acknowledge that;
(a) risks and dangers exist in my use of equipment belonging to myself or Challenge Denmark, and my participation in Challenge Denmark activities;
(b) my participation in such activities and/or use of such equipment may result in my injury or illness including, but not limited to, bodily injury or personal injury (whether physical, emotional and/or psychiatric or any combination thereof), disease, strains, fractures, partial and/or total paralysis, eye injury, blindness, heat stroke, heart attack, death, wrongful death, loss of consortium, property damage and/or breach of contract, or any other damage or other ailments that could cause serious disability;
(c) my participation in such activities and/or use of such equipment may also result in loss, damage, or destruction of personal property;
(d) these risks and dangers may be caused by the negligence of the owners, employees, officers or agents of Challenge Denmark; the negligence of the participants, the negligence of others, accidents, breaches of contract, the forces of nature or other causes, including “force majeure”. These risks and dangers may arise from foreseeable or unforeseeable causes; and
(e) by my participation in these activities and/or use of the equipment, I hereby assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of the owners, agents, officers, employees of Challenge Denmark, or by any other person. Furthermore, the Releasees take no responsibility for health risks in connection with participation in the event. It is my own responsibility to assess my health or have it assessed before entering the event. I further acknowledge and understand that in the event that I should require medical treatment during the event, I hereby declare my consent with these measures. I understand and accept that medical treatment is not included in the entry fee and that I will be directly charged according to the general medical rates. It is my responsibility to ensure adequate insurance coverage for medical treatment. Any liability of the Releasees is thus excluded. I acknowledge and consent to being solely responsible for my actions and activities during the event and also solely responsible for my personal belongings and race equipment. The Releasees shall not assume liability for misplaced items belonging to myself. The Releasees shall assume no liability for any of my items stored by third parties employed by the Releasees; this also applies to any negligent selection of third parties by the Releasee. I further acknowledge and understand that included within the scope of this waiver and release is any claim or cause of action arising from the performance, or failure to perform, of any maintenance, inspection, supervision or control of said equipment, for failure to maintain or inspect equipment supplied to me, for negligent selection or retention of certain Releasees, or negligent supervision or instruction by Releasees.
§ 8 Release and discharge
I (and as parent(s) or guardian(s) of a Participant who is a minor, if applicable), hereby release, discharge and hold harmless the Releasees from and against any and all claims, liability and/or causes of actions I may have of that may be made on my behalf or by my spouse, children, heirs and legal representatives, for bodily injury or personal injury (whether physical, emotional and/or psychiatric of any combination thereof), disease strains, fractures, partial and/or total paralysis, eye injury, blindness, heat stroke, heart attack, death, wrongful death, loss of consortium, property damage, and/or breach of contract or any other damage or other ailments that could cause serious disability, occasioned by, arising out of, or incidental to my participation in the activities of Challenge Denmark, whether or not resulting from or caused by negligence on part of the Releasees.
§ 9 Indemnity
I shall defend, indemnify and save harmless Releasees from any and all claims, actions suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees brought as a result of my participation (or that of my minor participant, if applicable) and to reimburse them for any such expenses incurred. I agree that this agreement may be pleaded as a bar to any action, suit or proceedings taken at any time against any Releasee by me (or on behalf of my minor Participant, if applicable).
§ 10 Severability
I further expressly agree that the foregoing waiver, assumption of risks, release and indemnity agreement is intended to be as broad and inclusive as is permitted by the laws of Denmark and if any portion thereof is held invalid, it is agreed that balance shall,
notwithstanding, continue in full force and effect.
§ 11 Binding on successors
This agreement binds the heirs, administrators, executors, personal representatives, dependants (if any), and successors of the Participant and ensures the benefit of Challenge Denmark. and its successors and assignees.
§ 12 Signatures
I HAVE READ AND DO VOLUNTARILY SIGN (by accepting on sign-up) THE CONDITIONS OF PARTICIPATION, THE RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISKS, RELEASE AND INDEMNITY AGREEMENT, and further state and agree that no oral representations, statements or inducement apart from the foregoing written agreement have been made.
Challenge Denmark is owned and operated by
Bank: Vestjysk Bank
§ 1 Payment
At Challenge Denmark you can pay with Visa, Mastercard and several other payment cards. Card fee is required. When making payment, the money is reserved on your credit card and is deducted only upon dispatch.
§ 2 Prices
All prices are including VAT.
§ 3 Shipping
All items are shipped with Post Danmark or GLS. At Challenge Denmark all items are made by demand wherefore extra delivery time may occur on some items.
§ 4 Delivery
At Challenge Denmark we always endeavor to ship your order the same day as we register your payment as far as possible. You can always see the expected delivery time of the product, subject to the shipping company’s successful day-to-day delivery. The product with the longest anticipated delivery time in an order is the delivery time we strive to meet. If you want faster delivery on some items than others on a single order, separate orders and related payments should be made for shipping. As a rule, orders are not shipped multiple times without the payment of an additional invoice on shipping, the same prices as our other orders. If you wish to divide the order’s shipment, the right to withholding the remaining consignments is reserved until payment of additional freight is received.
§ 5 Receipt
Once you have received your items, compare these with the order confirmation. We strongly encourage the goods / package to be checked for shipping injuries before receipt of receipt, and in the event of damage to a product, objections are made to the transport company on the spot. The sooner you advertise, the easier it is for you to prove that it is a transport damage and not an injury that has occurred in your own custody.
§ 6 Defective goods / Warranty
If you have received any defective or defective items, please contact Challenge Denmark. Challenge Denmark covers delivery costs for defective goods when shipped via Post Danmark or freight forwarder on condition that it is us who are in charge of the shipper request or send paid mail receipt. We will, of course, exchange and ship a new item immediately after we have received the defective item, unless otherwise agreed. The rules of the buyer’s deficiency rules may apply to goods purchases. When you shop with us as a consumer, you have 24 months of warranty. This means that you can either get the item repaired, exchanged, the money back or refusal in the price, depending on the specific situation. It is a requirement that the complaint is justified and that the defect has not arisen as a result of improper use of the product or other damaging behavior. You must advertise within “reasonable time” after you have discovered the defect of the item. If you advertise within two months after the defect has been discovered, the complaint will always be timely. If your claim is warranted, we will refund your (reasonable) shipping costs. The item must always be returned in proper packaging and remember to receive a receipt for shipping so that we can refund your shipping costs.
The item(s) shall be sent to:
§ 7 Returns / Cancellation
1) As a consumer, you have 14 days of withdrawal when you shop with us, with the exception of bought tickets or entries. The cancellation period expires 14 days after the day you received your item or you receive the last item in physical possession when it comes to an agreement on multiple items ordered in one order and delivered individually. You must, within 14 days of receipt, inform us that you wish to withdraw your purchase. The notification must be given by contacting us at firstname.lastname@example.org. In your notice, please let us know clearly that you wish to exercise your right of withdrawal. You can not regret just refusing the receipt of the item without giving us a clear notice of this. If the order has not yet been shipped from us by cancellation, the form is not required. After our receipt of the cancellation form, we must have received the item within 14 days. Likewise, we return the money within 14 days of withdrawal unless we have not been able to receive and control the product’s condition and have reason to expect a depreciation. It is always advisable to send goods back to us as soon as possible after withdrawal, and to complete the cancellation form sufficiently to avoid any delay in the refund. Responsibility for the product’s status is the responsibility of the customer, from receipt to final return to Challenge Denmark, which includes damages and loss during return.
You must return your order to us without unnecessary delay and no later than 14 days after you have notified us that you wish to cancel your purchase. You must pay the direct costs for the return of the goods. You bear the risk of the item from the time of delivery. Lack of original packaging may be a loss of value, so to be sure to receive all the money back, it is recommended that the item be returned in original packaging.
3) Goods except for the right of withdrawal
The following product types are exempt from the right of withdrawal:
• Delivery of goods that may be expected to deteriorate or outdate quickly,
• Delivery of sealed goods which, for reasons of health or hygiene, are not suitable for return and where the seal has been broken after delivery,
• Energy products can not be returned due to food law
You will lose your right of withdrawal if you break the seal on goods that are not eligible for return for health or hygienic reasons.
Sealed goods that are not intended for consumption may have a 100% impairment in sealing on seals.
Sealed goods are always listed directly on the product description at the shop.
4) The condition of the product when you return it
You are only liable for any deterioration in the value of the item due to handling other than what is necessary to determine the nature, characteristics and manner of the item. In other words, you can try the product in the same way as if you tried it in a physical store, but you should not take it for real use. If the item has been tested in addition to what is described above, we consider the one used, which means that, in the case of withdrawal of the purchase, only a portion or none of the purchase amount will be returned, depending on the merchant’s commercial value.
5) Repayment of purchase amount
If you regret your purchase, you will receive the amount you have paid back to us. In the case of a depreciation you are liable for, this purchase amount will be deducted. If you use your right of withdrawal, we will refund all payments received from you, including delivery costs (excluding additional costs due to your choice of delivery other than the cheapest form of standard delivery we offer) without undue delay and at all Circumstances within 14 days from the date we have received notice of your decision to withdraw this agreement. We make such repayment with the same payment method that you used for the original transaction, unless you explicitly agree otherwise.
We can withhold the refund until we have received the return, unless you have submitted documentation before returning it. We do not receive packages without distribution or packages sent per. COD. If you regret the purchase, the item must be sent to:
§ 8 Appeals
If you are not satisfied with your product, you can complain to us where we will decide on your inquiry as soon as possible. To get your complaint handled as quickly as possible, we recommend that you take pictures of the item you want to complain about and send in your mail to us at email@example.com
If we do not agree with your complaint, you have the opportunity to try your complaint at the Consumer Complaints Board, read more at www.forbrug.dk
Konkurrence- og Forbrugerstyrelsen
Carl Jacobsens vej 35
Telefon: 4171 5000
If you are a resident of a EU country other than Denmark, you can appeal to the EU Commission’s online complaint portal here. http://ec.europa.eu/odr
§ 9 Warranty
All products are subject to a right of claim under the Purchasing Act, unless the manufacturer provides additional warranty on the product.
§ 10 Ownership
Challenge Denmark reserves the right of ownership of delivered items until the full purchase price has been paid in full.
§ 11 Exceeding payment deadlines
In case of overdue payment, a reminder will be issued with a surcharge of DKK 80.00. Excl. VAT. If the payment is not received one month after the first due date, a monthly interest rate of 1.5% is attributed to the amount due. Attribution of interest can be stated on the most recent invoice, or invoiced separately subsequently after the total delay of payment is registered.
In order for you to enter into an agreement with us, we need the following information:
Name, address, telephone number And email address.
We make the registration of your personal information for the purpose of delivering the item to you. The personal data are registered with Challenge Denmark and are kept for five years after which the information is deleted.
Your information is not disclosed or sold to third parties.
As registered with Racemakers ApS, you are always entitled to object to registration. You also have the right to understand what information is registered about you. These rights are in accordance with the Personal Data Act and you can contact: firstname.lastname@example.org