PLEASE READ THE FOLLOWING AGREEMENT AND WAIVER CAREFULLY, AS THEY AFFECT YOUR FUTURE LEGAL RIGHTS. BY REGISTERING FOR THE EVENT, YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THE AGREEMENT AND WAIVER AND ACCEPT THE TERMS SET FORTH BELOW WITHOUT LIMITATION.
While you should read the entire document, some of the key points of this Agreement and Waiver are highlighted here:
If you have registered on behalf of a minor or accompanied a minor to attend the Event as a spectator, you also accept the contents of this Agreement and Waiver on behalf of the minor.
With respect to the authorization to register and/or participate and/or attend as a spectator at the Event, on your own behalf and on behalf of any personal representative, beneficiary, heir, executor, successor, next of kin and person for whom you provide support (if permitted by applicable law), you understand the following:
1. Authorization to register and/or act as agent. You represent and warrant to Across and Beyond Endurance AG ("ABE") that you have full legal authority and capacity to complete the registration for the Event, including this Agreement and Waiver, on your own behalf and/or, if applicable, on behalf of any party for whom you are completing the registration (the "Registered Parties"), including full authority to use the credit or debit card to which the registration fee will be charged. For purposes of this Agreement and Waiver, (a) "ABE" means and includes Across and Beyond Endurance AG, its partners, dealers and any of its subsidiaries, affiliated entities or entities that control, are controlled by, or are under common control with "ABE", alone or in combination, as well as all of its officers, employees, contractors, subcontractors and agents, but also all of their agents, representatives, successors and beneficiaries ; and (b) "you" or "your" means and includes you (as an individual) and all other registered parties for whom you register and, by virtue of your acceptance of this Agreement and Waiver, for whom you waive certain rights.
If you are registering a minor under the age of 18 or a person with a disability, you represent and warrant that you are the parent and/or legal guardian of such party and that you have the legal authority and capacity to execute this Agreement and Waiver on behalf of such person; and by proceeding to register for the Event, you agree that the terms of this Agreement and Waiver shall apply equally to all Registered Parties. To the fullest extent permitted by law, any person accepting this Agreement and Waiver for themselves and/or on behalf of another Registered Party (including, but not limited to, minors) agrees to indemnify and defend "ABE," hold it harmless from any and all damages, liability, claims, demands, causes of action, loss or expense (including reasonable attorneys' fees and court costs) of any kind or nature whatsoever (referred to individually as a "Liability" and collectively as the "Liabilities") in the event that the Liability arises because a court of competent jurisdiction finds that a Registered Party is not bound by the terms and conditions of this Agreement and Waiver. In addition, if despite this Agreement and Waiver any of the Registered Parties makes a claim against "ABE", you agree, immediately upon demand by "ABE", to defend, indemnify and hold harmless the company from and against any and all liability that may arise from such claim.
2. Assumption of risk. By registering and participating in the Race Across Québec 2024 (the "Event"), organized by Across and Beyond Endurance (ag), you assume full risk and responsibility for any accident, inconvenience, illness or injury that may occur during your preparation for the Event, during the Event itself, while at the Event site or while traveling to or from the Event. You understand that participating in the "Event" involves risks and you should not register or participate if you are not medically fit or trained. It is your responsibility to verify and ensure that you are still medically and physically able to participate in the activities associated with the "Event" without restriction. You acknowledge and accept that the "event" may take place on public roads and facilities, open to the public during the event, on roads open to traffic, exposing you to risks. You further acknowledge and agree that participation in the "Event" may involve inherent risks and hazards that cannot be eliminated, ranging from minor inconvenience to serious injury, including permanent disability and death. You are aware of all risks associated with participation in the Event, including, but not limited to, risks of injury or death resulting from falls, obstacles, contact with other participants or third parties, acts or omissions of other participants or third parties, weather, traffic and road conditions. You acknowledge and accept that the Event takes place on roads open to traffic, in strict compliance with the applicable highway code and the injunctions of the competent authorities.
3. Declarations. You represent and warrant that you are in good physical condition, fit to participate safely in the Race Across Québec 2024 and have no medical condition that would make your participation more risky. You agree to receive medical care and transportation in the event of injury, and you understand that this agreement applies to any liability resulting from such care or transportation. You understand that no medical care is guaranteed and you assume all costs associated with such care in the event of an emergency. You agree to abide by all instructions and rules published by the organizers and to accept all decisions relating to your participation or presence at the "event". You represent and warrant that your bicycle and any other equipment necessary for your participation in the event are in perfect working order and safe. You acknowledge that you are expected to behave appropriately during the Event and to comply with all applicable laws. You agree that the organizers may terminate your participation if your behavior jeopardizes the safety of the "event", participants, the public or third parties, without refund. You are responsible for your personal property and acknowledge that neither Across and Beyond Endurance (AG) nor the organizers are responsible for its loss or theft. You understand that the organizers may cancel the event for weather or safety reasons, without refund. (including, but not limited to, heat, tornadoes, earthquakes, fires, storms, lightning and floods), accidents, acts of war or terrorism, military conflict or riots, or for any other reason that may jeopardize the safety and security of Event participants and/or spectators, or the holding of the Event. In the event of such cancellation or for any other reason, no refund of your payment will be made unless authorized and paid by the Event organizer.
4. Release and Waiver of Liability. You hereby waive and covenant not to sue Across and Beyond Endurance (AG), aka "ABE", and forever release "ABE" and all other persons (volunteers, partners, the public....) connected with the Race Across Québec 2024 (the "Event") from any liability, claim, action or damage you may attribute to them or present to them, arising directly or indirectly from your registration and/or participation in the Event, including, but not limited to, any damage, liability, claim or action resulting from the negligence of the aforementioned parties (including any negligent rescue attempt), the action or inaction of the aforementioned parties, or for any other reason.
" In no event will ABE" be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages whatsoever, including, but not limited to, any damages for loss of profits, goodwill, use, data or other intangible loss (even if ABE has been advised of the possibility of such damages). Without limiting the foregoing, ABE shall not be liable: (a) the use or inability to use ABE's services; (b) the cost of procurement of substitute goods or services resulting from goods, data, information or services purchased or obtained, or messages received, or transactions conducted through or from ABE's services; (c) your participation in any program or promotion coordinated by ABE; (d) any personal injury; (e) unauthorized access to, or alteration of, your transmissions or data; (f) statements or conduct of any third party on ABE's services; (g) any other matter relating to ABE's services, or ABE's products or services; or (h) your participation in the event. You agree that ABE's maximum liability to you for any reason shall not exceed the total amount paid by you to ABE.
Nothing in this agreement or waiver shall be construed as limiting or excluding the liability of Across And Beyond Endurance (ABE) or the event organizer for: (a) death or personal injury resulting from gross negligence; (b) fraud, fraudulent statements or allegations; or (c) any other matter for which it would be illegal or unlawful to disclaim or attempt to disclaim its liability. Your statutory rights as a consumer are not affected by this agreement or waiver.
5. Indemnification. You agree to indemnify, defend and hold harmless Across and Beyond Endurance (ABE) and all others related to the Race Across Quebec 2024 event, from and against any and all liability arising directly or indirectly from your participation in the event, including, but not limited to, any liability arising from your negligence (including any negligent rescue attempt), your use of ABE's services, or any breach by you of the terms of this agreement or any other terms of service referenced at https://raceacrossseries.com/mentions-legales/ and https://raceacrossseries.com/politique-confidentialite/
6. Disclaimer of Warranties. By participating in the Race Across Québec 2024 organized by Across and Beyond Endurance ("ABE"), you expressly acknowledge and agree that your use of the services provided by Across and Beyond Endurance is at your sole risk. Services are provided on an "as is" and "as available" basis. Across and Beyond Endurance does not warrant that the services provided will be uninterrupted, secure or error-free. Across and Beyond Endurance expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Furthermore, Across and Beyond Endurance makes no warranty as to the accuracy or completeness of any information provided in connection with the event. Across and Beyond Endurance accepts no responsibility for any errors or omissions, or for any results obtained from the use of such information.
7. Use of image. You hereby irrevocably grant Across and Beyond endurance and the organizer of the Race Across Québec 2024 the right to record your voice, photograph and film you during the event. You understand and agree that the term "photograph" as used in this text includes still images and video recordings. You also grant Across and Beyond Endurance and the event organizer the right to use your voice, image and photographs depicting you, recorded or taken in connection with the event, in any form and medium, including, but not limited to, streaming of audio and/or video files over the Internet, broadcasting of programs, cable, satellite and television transmissions, and any other medium not yet known, worldwide, for any lawful purpose, including, but not limited to, commercial purposes, without compensation to you. You also waive any right to inspect such recordings and photographs. You understand that any recordings or photographs made by Across and Beyond Endurance and/or the event organizer become the exclusive property of Across and Beyond Endurance and/or the event organizer, as the case may be.
8. Severability. You further expressly agree that this Agreement and Waiver shall be as broad and inclusive as permitted by applicable law, and if any provision of this Agreement or Waiver is held by a court of competent jurisdiction to be unenforceable for any reason, (a) the validity, legality and enforceability of the remaining provisions of this Agreement and Waiver (including, without limitation, all parts of the provisions containing unenforceable elements, which are not themselves unenforceable) shall in no way be affected or impaired, and (b) to the maximum extent possible, the unenforceable provision shall be replaced by a provision that most closely approximates the intent and economic effect of the unenforceable provision, and the Agreement and Waiver shall be modified accordingly.
9. Arbitration clause
Any dispute arising out of or in connection with the Race Across Québec event shall be submitted exclusively to the Court of Arbitration for Sport in Lausanne, Switzerland (CH), in accordance with the Code of Sports-related Arbitration.
In accordance with our Code of Ethics, any ostentatious display of political and/or religious messages or images during the event is prohibited.
10. Conditions and Regulations. By participating in the RACE ACROSS QUÉBEC 2024 organized by ACROSS AND BEYOND ENDURANCE (AG), you fully and unconditionally acknowledge and agree to the Race Across Québec and RACE ACROSS SERIES event rules, available at https://raceacrossseries.com/reglement/#. You also fully and unreservedly consent to the Across and Beyond Endurance Legal Notice and Privacy Policy, available at https://raceacrossseries.com/politique-confidentialite/ and https://raceacrossseries.com/mentions-legales/. By participating in this event, you confirm that you have read, understood and agree to all of the terms and conditions set forth in these documents.
11. Acceptance. By indicating your acceptance of this Agreement and Waiver, you affirm that you have read them and fully understand their terms. You understand that you and the other registered parties are giving up substantial rights, including the right to sue. You acknowledge that you freely and voluntarily accept this agreement and waiver, and that your acceptance represents a full and unconditional release of all liability to the fullest extent permitted by law. If the participant is a minor or a person with a disability, you certify that you are the participant's parent and/or legal guardian and accept this waiver and release of liability on behalf of the participant.
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