General Terms and Conditions
ARTICLE 1: DEFINITIONS
1.1. In these General Terms and Conditions, the following definitions apply:
- Event: the sporting event to be organized by or on behalf of Mud Masters B.V., Mud Masters X-Ray B.V., Mud Masters Bravo B.V., Mud Masters Hotel B.V., Mud Masters Whiskey B.V. in any year.
- Participant: the natural person who, whether or not by a Participating Company, has registered to participate in the Event in a manner permitted by the Organizer.
- Visitor: the natural person who visits an Event in a manner permitted by the Organizer, other than a Participant.
- Participating Company: a company or institution that or that has registered one or more Participants to participate in the Event in a manner permitted by the Organizer.
- Agreement: the agreement between a Participant, Visitor and/or Participating Company and the Organizer concerning the Participant and/or Visitor's participation or visit to the Event.
- Organizer: the legal person with whom the Participant, a Participating Company and/or a Visitor has entered into an Agreement.
1.2. These terms and conditions apply to each Agreement. The applicability of any general terms and conditions (under whatever name) of Participant, Participating Company and/or Visitor is expressly rejected.
ARTICLE 2: PARTICIPATION
2.1. A Participant must have reached at least the minimum age of 12 years set by the Organizer for that Event on the day the Event is held, unless otherwise specified by the Organizer. The minimum age to participate in Mud Masters Family Edition is 5 years.
2.2. The Participant may only participate in the Event if he has completed the appropriate registration form completely and truthfully, if the registration fee for the Event has been paid in full in accordance with the payment options offered by the Organizer and if the Participant has agreed to the terms and conditions.
2.3. A refund of registration fees is not possible if the Participant/Participating Company cancels their participation.
2.4. Due to exceptional circumstances (such as force majeure, for example caused by extreme weather conditions or other unforeseen circumstances), the Organizer of the Event may decide to cancel or suspend the Event, change it (including but not limited to changing or shortening the course and/or starting times) or move it to another date and/or location.
2.5. The Event Organizer can change the start time, date and/or location of the Event.
2.6 By deciding not to let the Event go ahead, shut down, change or move it to another date and/or location, Organizer is not liable for reimbursement of the costs incurred by the Participant and/or Visitor in relation to the Event, of whatever nature.
2.7. Participating Companies may include:
- legal entities that have been continuously registered in the trade register of a Chamber of Commerce in the Netherlands for more than six months immediately prior to the day of the Event;
- companies, not being a legal person, that have been continuously registered in the trade register of a Chamber of Commerce in the Netherlands for more than six months immediately prior to the day of the Event;
- legal entities under public law as referred to in article 2:1 of the Civil Code.
2.8. In individual cases, the Organizer may decide to hire companies or institutions that are not included in article
2.7 meet the requirements set out in these general terms and conditions and/or other compelling requirements (including payment arrears) and refuse to participate.
ARTICLE 3: LIABILITY
3.1. Participation and/or visit to the Event is at your own risk. The Organizer is not liable and assumes no liability for any damage, of whatever name or nature, that the Participant, the Participating Company and/or Visitor may suffer as a result of participating and/or visiting the Event.
In addition, the Organizer is not liable and the Organizer assumes no liability for loss, theft or damage to property/property and/or damage otherwise from Participant, Participating Company and/or Visitor and/or (other) third parties, unless this damage is the direct result of intent or gross negligence attributable to the Organizer. This exclusion of liability also applies to serious damages such as all possible types of damage related to injury, illness or death as a result of participating in the Event.
3.2. If, despite the provisions of paragraph 1 of this article 3, the Organizer's liability for damage suffered by the Participant, the Participating Company and/or Visitor must be assumed, the Organizer's obligation to compensate that damage will at all times be limited to a maximum of the amount that the Organizer's insurer pays out in respect of that damage in the event.
3.3. The Participant and/or the Participating Company must be adequately insured against the risk of damage that he or partner, family and/or friends and/or (a) survivor (s) may suffer as a result of his death, injury or illness caused by or caused during his participation in the Event. At Organizer's first request, Participant and/or Participating Company will provide Organizer with a copy of the relevant policy.
3.4. By registering, the Participant declares that he is aware and/or the Participating Company declares by registering that the Participant is aware of the fact that participation in the Event requires good mental and physical health, and declares that Participant meets this requirement and has adequately prepared for the Event through training and otherwise.
3.5. The Participant, the Participating Company and/or the Visitor indemnifies the Organizer against liability for damage that he/she suffers and/or that third parties may suffer as a result of acts or omissions attributable to a Participant, Participating Company and/or Visitor with regard to (participation and/or visits to) the Event, unless this damage is the direct result of intent or gross negligence attributable to the Organizer. The Participant, the Participating Company and/or the Visitor must be adequately insured against the risk of liability for such damage. At Organizer's first request, Participant, Participating Company and/or Visitor will provide Organizer with a copy of the relevant policy.
ARTICLE 4: USE IMAGE AND SOUND MATERIAL
4.1. Participant, Participating Company and/or Visitor grants irrevocable permission in advance to the Organizer to disclose and reproduce photos and image/and/or sound material taken during or around the Event, where the Participant, Participating Company and/or Visitor is visible and/or audible, as further explained in paragraph 2 of this article. This also includes the (re) use of these images and/or recordings in (advertising) communications by or on behalf of Organizer and/or third parties. The use referred to in this article is free of charge.
4.2. Organizer is entitled to make sound and/or video recordings of (parts of) the Event, including Participants, Participating Company and/or Visitors, during an Event. The Participant, Participating Company and/or Visitor who participates in an Event and/or visits an Event:
- expressly agrees to the recording and/or (re) use - by Organizer and/or parties that have obtained permission from Organizer - of the name, voice, portrait and/or image and persona of Participant and/or Visitor by means of audio and/or image recordings, (re) broadcasting or other forms of disclosure, reproduction and/or distribution, in any way and via any media or technologies, known now and/or in the future, for personal and/or commercial use;
- gives express, irrevocable and unconditional permission to (re) use as referred to in sub a), indefinitely, worldwide and free of charge;
- holds neither Organizer nor parties that use the aforementioned image and/or sound material for commercial or non-commercial purposes with the permission of Organizer liable for the (re) use of this image and/or sound material;
- expressly waives its portrait and image rights and personnel rights against Organizer and its licensees as far as audio and/or image recordings in and around the event location where Participant and/or Visitor is personally identifiable; and
- acknowledges that a video surveillance system is also operational and agrees that audio and/or image recordings of the Visitor and/or Participant may be made by or on behalf of Organizer for reasons of public order and safety.
4.3. Participant, Participating Company and/or Visitor acknowledges that possible intellectual property rights, including copyrights and related rights, with respect to the image and/or sound material created by or on behalf of a Participant, Participating Company and/or Visitor belong to Organizer; the Participant, Participating Company and/or Visitor will fully cooperate with any formalities necessary to otherwise transfer or grant rights at the Organizer's first request, and if not achieve; Organizer is at all times entitled to (cause) to use the image and/or sound material referred to here by or on behalf of the Participant, the Participating Company and/or the Visitor, in any way.
ARTICLE 5: DRINKS VOUCHERS
With food vouchers, the Participant can only pay during the Event when catering in accordance with the price list. After the Event, it is no longer possible to redeem food vouchers. The food vouchers are not valid at other Events. Organizer is not obliged to refund.
ARTICLE 6: PERSONAL DATA
The personal data provided by a Participant and/or Participating Company is included in a file by the Organizer. By participating in and/or registering for an Event, a Participant and/or Participating Company grants permission to the Organizer to process and use the personal data to send information to the Participant and/or the Participating Company and (provided that the Participant has given permission on the registration form) to provide the personal data to third parties for the purpose of sending information to the Participant and/or executing the Agreement, including the disclosure and reproduction of its name, image and competition results for photo and time registration. By entering into the Agreement, participant grants permission to the Organizer to publish and reproduce its name and competition results as well as to use the images and recordings as referred to in article 4, for example for marketing purposes by publishing in promotional photos, videos and/or posters, in newspapers and via the internet. The processing of personal data by or on behalf of the Organizer also includes: Privacy Statement from Organizer applies.
ARTICLE 7: APPLICABLE LAW AND CHOICE OF FORUM
7.1 These general terms and conditions, any Agreement, as well as participation and/or visit to the Event and all rights and obligations arising therefrom, are exclusively governed by Dutch law.
7.2 All disputes arising from these general terms and conditions, any Agreement, as well as with regard to the resulting agreements, and participation and/or visit to an Event, will initially be settled exclusively by the competent court in Central Netherlands (Utrecht).
ARTICLE 8: COURSES AND OBSTACLES
In practice, the course distance and the number of obstacles may differ. There are many factors that influence course planning, such as terrain conditions, ecological measures and safety plans.
