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EVENT REGISTRATION, INDEMNIFICATION AND WAIVER OF LIABILITY, RISK ASSUMPTION AND INDEMNIFICATION AGREEMENT PLEASE READ THIS DOCUMENT CAREFULLY BEFORE SIGNING. SIGNING THIS DOCUMENT WILL HAVE LEGAL CONSEQUENCES, AFFECT YOUR RIGHTS, AND WILL RESTRICT OR STOP YOUR ABILITY TO BRING A LEGAL ACTION IN THE FUTURE.
In return for permission from Austria eXtreme Triathlon Verein (“Event Organizer”) to participate in this event, including any related program or event (the “Event”), I agree to do so and certify that by signing this Agreement, I legally agree to the following statements regarding Event Registration, Liability Release and Liability Waiver, and Risk Assumption and Indemnification (the “Agreement”) and that these statements are accepted by the Released Parties (as defined below). become and they rely on it. I declare voluntarily and/or for myself and for my spouse, children, parents, guardians, heirs, next of kin and any legal or personal representatives, receivers, successors and assigns and any other person acting on my behalf Claims or lawsuits could be made as follows:
1. I HEREBY ACKNOWLEDGE AND ASSUME RESPONSIBILITY FOR ALL RISKS ARISING OUT OF MY PARTICIPATION IN THIS EVENT. I understand that running, biking, swimming and/or any other element of this event is inherently dangerous and will place extreme demands on my physical and mental limits, potentially resulting in serious physical injury, permanent disability, paralysis or death can lead to property damage. I confirm and agree that it is my responsibility to determine whether I am sufficiently fit and healthy to participate in this event without concern and I hereby certify and certify that I am responsible for participating in the event, for which I decide, am or will be sufficiently trained and fit. I confirm that I have not been advised against attending this event by any healthcare provider. I do not have an illness or medical condition that would endanger myself or others by attending this event or which could prevent my participation in this event without hesitation. I am responsible for the condition and suitability of my competition equipment and my behavior in connection with the event. I understand and acknowledge that vehicular and pedestrian traffic may occur on the course of the competition and I accept the risks associated with running, cycling, swimming and/or any other element of or participation in this event under these circumstances are connected. I also bear any other risks associated with attending this event, including but not limited to the following: falls, risk of collision with vehicles, pedestrians, other participants and stationary objects; hazards resulting from dangerous surfaces, material failure and inadequate safety equipment; and any hazards posed by spectators, volunteers or the weather. I also acknowledge that such risks and hazards include risks and hazards arising from the negligence, omission and/or negligence of the Released Parties (as defined herein). I understand that participation in this event is at my own risk and that I am responsible for the risk associated with my participation in this event.
2. I understand and acknowledge the dangers of consuming alcohol and/or drugs before, during and after the Event and acknowledge that the use of alcohol and/or drugs may affect my judgment and motor skills. I am responsible for any injury, loss or damage related to my use of alcohol and/or drugs.
3. I WAIVE any and all claims, liability, damages (including direct, indirect, incidental, special and/or consequential damages), damages (economic and non-economic) and causes of action (including court, attorneys' and litigation costs) , which I may now or in the future assert for reasons related to my participation in the event or my travel to the event or my return from the event, including slight negligence, damage to property and damage of any other kind, theft, as well as Claims related to the provision of first aid, medical supplies, medical treatment or medical decisions (whether at the venue or elsewhere), and any claims related to the cost of medical care and hospitalization, even if such F negligence, omission or negligence on the part of the Released Parties, and I represent the event director, event sponsors, event organizers, event organizers, sponsors, race directors, event officials, event staff, advertisers, property owners, volunteers, clerks, contractors , vendors and all other natural or legal persons involved in the event, as well as all state, county, city and/or municipal authorities and institutions whose property and/or employees are used for the event and/or who provide any form of support at locations where the event or parts of the event are held, as well as their respective parents, subsidiaries and affiliates, licensees, official representatives, directors, partners, board of directors Members, shareholders, members, supervisors, insurers, agents, employees, volunteers and other participants and agents (individually and collectively the “Released Parties”) will be PERMANENTLY FREE from any of these claims, liabilities and damages listed above. The aforementioned exclusion of liability does not apply to damage caused by intent or gross negligence on the part of the event organizer or parties released from liability, as well as to personal injury (damage to life, limb or health) caused by a grossly negligent breach of duty by the event organizer or by grossly negligent or intentional breach of duty by the event organizer whose helpers/vicarious agents have been caused.
3a. Any dispute or claim arising out of or relating to this form: 1) shall be governed by Austrian law and 2) unless resolved through direct discussion, shall be subject to binding arbitration as the sole and final remedy for any dispute; Jurisdiction: I agree that Graz is the exclusive venue for any arbitration, suit or other proceeding and that it may only be commenced and/or held here. . If any provision of this Agreement is determined to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remainder of this Agreement and shall not affect the validity and enforceability of any remaining provisions of this Agreement. In this case, event organizers and participants undertake to replace the invalid or void provision (or part of a provision) with one that is effective and legal and that comes as close as possible to the economic purpose of the invalid or void provision.
3b. A guardian signing this Agreement on behalf of a physically and/or mentally disabled person (hereinafter “Said Person”) hereby confirms that he (or she) has the legal authority to act on behalf of said person and that said person is bound by this Agreement to bind. The Guardian signing this Agreement confirms that it will indemnify and hold the Released Parties harmless from any costs, claims or liabilities asserted incurred by the Released Parties as a result of the Guardian's lack of legal authority to sign the Agreement for said person develop.
3c. I waive the organiser, his employees, vicarious agents and procurement assistants for any compensation for damage that I or third parties suffer as a result of the fact that I am accompanied in any form whatsoever by persons who are not permitted to participate in the competition when I reach the finish line on the distance , provided such damage is not due to gross negligence or intent on the part of the organizer, its employees, vicarious agents and procurement assistants. If the damage occurs to minors or underage persons for whom I have a duty of care, this waiver also applies to these persons. In the event of claims being made against the organiser, its employees, vicarious agents and procurement aids by third parties for such damage, I undertake to indemnify the organiser, its employees, vicarious agents and procurement aids and to hold them harmless and harmless
4. I FURTHER PROMISE AND AGREE that I will not sue any Released Party with respect to any claim that I have waived or from which I have released or indemnified the Released Parties hereunder. I AGREE to DEFEND AND INDEMNIFY the Released Parties from any costs or claims made by me or any other person or entity, including, but not limited to, court costs, attorneys' fees, and litigation costs Any liability asserted against the Released Parties to the extent that it arises directly or indirectly, in whole or in part, from my breach of or failure to perform any part of this Agreement, or my breach of any of the Organizer's rules , the Event Organizer and/or the Competition Rules or any information contained in the Athlete Policies, and/or result from my actions or omissions that cause harm to another person.
5. I agree to read and follow the Competition Rules established by the Event Director, including the Rules relating to Drug and Doping Control, the Event Organizer's Competition Rules, as well as the information in the Athlete Guidelines as amended from time to time and all Traffic Rules. I further pledge that prior to participating in the Event I will familiarize myself with the circuit, facilities, equipment and areas associated with the Event and should I determine that there is a safety risk related to any of them , I will bring this to the attention of the race director immediately.
6. I agree that in the event of an injury, accident or illness during the event, I will receive medical care if this seems advisable. I hereby grant the event's medical staff(s), their representatives, partners and agents access to all required medical records (and physicians) and authorize any required medical treatment. I accept responsibility and liability for all costs incurred in connection with the training and/or participation in the event, including ambulance transport, hospitalization, medical care and treatment as well as medical and pharmaceutical services and products, to the extent not covered by my health insurance and without that this is an exhaustive list. I agree to indemnify and hold harmless the Released Persons from any and all liability for such costs.
7. I hereby grant the Event Organizer the right, permission and authority to use my name, likeness, likeness, voice and/or likeness as recorded during the Event by the Event Organizer, its affiliates or contractors and/or the media , photographs, videotape, CD, DVD, broadcast, telecast, podcast, webcast, recording, film, advertisement, promotional material and/or any other recording of this event for any purpose.
8. I acknowledge and agree that the event organizer may, in its sole discretion, decide to reschedule or cancel the event if it deems the conditions on the day of the event to be unsafe. In the event that the event is canceled or postponed for any reason, including acts of God and natural disasters (including but not limited to wind, adverse water conditions, rain, hail, hurricane, tornado, earthquake), Terrorism, fire, threat or strike, difficulty in obtaining labor, cessation of work, riot, pandemic, war, disaster, flood, inevitable loss of life, poor track conditions or any other circumstance beyond the control of the event organizer (without this is an exhaustive list), the event organizer will not reimburse the participation fees or other costs incurred in connection with the event.
9. I understand that Event Organizer reserves the right, in its sole and absolute discretion, to refuse entry to an Entrant, to revoke an Entrant's application to participate at any time, and/or to disqualify an individual from the Event. The participant expressly waives any claims in connection with a refusal to participate or with the revocation of a participation request that exceed the amount of the participation fee.
10. I acknowledge that my participation is only possible under the unchanged conditions according to the "Agreement on Event Registration, Indemnification and Waiver of Liability as well as the Assumption of Risks and Granting of Indemnification", which I have received, read, understood and accepted. I HEREBY REPRESENT THAT I HAVE REACHED THE AGE OF EIGHTEEN (18) YEARS OF AGE (OR WILL HAVE AGE AGE EIGHTETEEN (18) AT THE TIME OF THE EVENT), HAVE READ, UNDERSTAND THIS AGREEMENT, AND SIGN THIS AGREEMENT INTENTIONALLY AND voluntarily.