GENERAL TERMS AND CONDITIONS FOR XLETIX KIDS EVENTS
1 General information
(1) The organiser of the XLETIX Kids events is XLETIX GmbH, Wrangelstraße 100, 10997 Berlin (AG Berlin Charlottenburg; Commercial Register No. HRB 152510B).
(2) These General Terms and Conditions of Business and Participation form the basis for participation in XLETIX Kids events.
(3) All legally effective declarations made by participants must be made in text form (email, letter, fax) and must be addressed directly to XLETIX GmbH.
(4) Gender-neutral language (e.g. ‘Participant’) have been used throughout this text to improve readability and comprehensibility. This language applies equally to persons of any gender. Discrimination of any kind is excluded.
2 Participation as an active participant, companion, spectator and volunteer
(1) Minimum age and other personal data
In order to be allowed to actively participate, the child/children to be accompanied must have reached the minimum age specified in the event description by the date of the event. Furthermore, each child requires at least one and up to two (max.) persons assigned with supervising the child/children ‘companion’). One companion is allowed to accompany up to three children (max.), and the distance of the companion’s ticket must match the distance of the child/children’s participation tickets. The companion(s) will also participate in the run. The companion must have reached the age of 18 on the day of the event. If a participant or companion provides a false age, regardless of whether or not this is intended to circumvent the minimum age, XLETIX GmbH reserves the right to exclude them from the event. The same applies if the participant or companion has not booked their ticket themselves, even in cases where they are not responsible for providing a false age. XLETIX GmbH’s claims arising from the purchase of a ticket remain unaffected by an exclusion due to the provision of a false age. Incorrect or incomplete other personal details may, at the discretion of the organiser or persons appointed by it, lead to exclusion from the event depending on the severity of the false statements, irrespective of whether the participant or a third party is responsible for these false statements. No minimum age exists in general for spectators. Should a minimum age be specified for selected events, the same conditions apply as for the participants.
(2) Authority to issue instructions and communication of rules of conduct
Before and during the event, the organiser and persons appointed with the task by the organiser are permitted to establish and communicate binding rules of conduct for the participants and spectators that ensure the orderly and safe running of the event for all participants. These instructions must be followed. Non-compliance disturbing the proper course of the event or jeopardising the safety of the participants can lead to the disqualification or exclusion of participants and spectators. The penalty arising from non-compliance will be decided by the organiser or persons entrusted with the task on site at their personal discretion, taking the situation, the nature of the infringement, and the perceptibly of the participant into consideration.
Participants must comply with all applicable mandatory regulations associated with participation in the event. This applies in particular to health and safety measures for the participants themselves and other persons involved in the event, which are defined within the framework of a specific safety/hygiene concept for the event (e.g. 3G documentation to contain the pandemic). The organiser shall communicate the relevant measures for a specific safety/hygiene concept in good time before the event.
In addition to the behaviour communicated directly by the organiser, participants and spectators must treat each other, the organiser’s staff and any other persons, facilities and equipment in an appropriate and respectful manner at all times. In particular, spectators and participants undertake to relieve themselves only within the designated areas and not to participate in the event under the influence of alcohol or drugs. The organiser or persons appointed by the organiser may act on their sole discretion and penalise non-compliance with exclusion from the event, even if this has not been explicitly communicated beforehand outside this condition of participation.
(3) Exclusion for medical reason
Members of the medical services contracted by the organiser are authorised to exclude participants and spectators from further participation before and during the event if further participation does not seem unlikely to pose a risk to life and limb for the participant or spectator.
(4) Vehicles
Vehicles are not permitted on the event site. Where installation allows, parking spaces may be designated; in these cases, spectators and participants are permitted to drive to these spaces respecting road traffic regulations.
(5) Advertising
Active and passive advertising, such as banners, advertising leaflets, items of clothing created for this purpose, chants, songs or ‘guerrilla actions’, is only permitted for participants and spectators with the organiser’s written permission; non-compliance may lead to exclusion from the event at the discretion of the organiser or staff appointed with this task. The organiser reserves the right to any claims arising from this, in particular those relating to competition law. The same applies to the alteration, defacement or other manipulation of advertising approved or installed by XLETIX GmbH, in particular for advertising messages on the jerseys or start numbers of the participants.
3 Specific features of the participant tickets and refund of ticket price
(1) Registration takes place online using the designated form. Registrations by facsimile or other methods cannot be accepted. The registration (offer) only becomes effective once the organiser confirms registration (acceptance of offer).
(2) The participation tickets are issued to a specific person; transfer to another person requires the approval of the organiser and can only be made online. The organiser reserves the right to charge fees for the rebooking.
(3) A refund of the ticket price (including optional product purchases, bus tickets and overnight accommodation) in the event of non-participation is regularly excluded, even if this has been notified in advance.
(4) If an event is cancelled without substitution, the organiser is obliged to refund the ticket price. In cases of force majeure (e.g. weather), official orders or factors beyond the control of the organiser that could affect the safety or health of the participants, the organiser has the right to postpone, cancel or modify a planned event. The organiser is then exempt from any liability for damages.
(5) No right of withdrawal exists for consumers. Contracts for the provision of services related to leisure activities are exempt from the statutory right of withdrawal if the contract provides for a specific date or period for the provision. This means that insofar as XLETIX GmbH offers services in the field of leisure activities, in particular tickets for events, no right of withdrawal exists (§ 312g para. 2 sentence 1 no. 9 German Civil Code (BGB)). Each order of tickets is thus binding immediately after confirmation according to II 1.. by XLETIX GmbH and obligates the customer to accept and pay for the ordered tickets.
4 Final provision
I hereby accept the General Terms and Conditions of Business and Participation for myself and the child/children I will accompany. Should individual provisions of this agreement prove to be invalid, void or unenforceable, the remaining contractual provisions and validity of the agreement shall not be affected thereby.
XLETIX GmbH reserves the right to amend the General Terms and Conditions of Business and Participation and other conditions (e.g. liability agreement). XLETIX GmbH will only make amendments for valid reasons, due to new technical developments, changes of laws or similar equally applicable reasons (e.g. modified hygiene regulations). In any case, the amendment shall only be made insofar as to respond to the changed circumstances, so it does not change, for example, other conditions that are not affected by the aforementioned valid reasons at all. Should such amendment substantially disrupt the contractual balance between the parties, the amendment shall be omitted. In all other respects, amendments shall require the customer’s consent.
LlIABILITY AGREEMENT FOR PARTICIPATION IN XLETIX KIDS EVENTS
The organiser of the XLETIX Kids events is XLETIX GmbH, Wrangelstraße 100, 10997 Berlin (AG Berlin Charlottenburg; Commercial Register No. HRB 152510B).
The participant and parent/guardian or person responsible for the supervision of the child/children hereby confirms that they are aware that participation in XLETIX Kids events involves risks to their physical health or the physical health of the child/children to be supervised, as well as to property that is brought along.
1 Physical risks
The participant and parent/guardian or person responsible for the supervision of the child/children is aware that minor injuries can regularly occur at XLETIX Kids events due to obstacles, the course, other participants or natural circumstances. They are also aware that moderate and severe injuries, including permanent paralysis and/or death, cannot be ruled out.
These include, but are not limited to, (1) drowning; (2) near drowning; (3) sprains; (4) strains; (5) fractures; (6) heat and cold injuries; (7) overexertion; (8) concussion; (9) bites and/or stings from animals; (10) contact with poisonous plants; (11) infections; (12) spinal injury; (13) stroke; (14) heart attack; (15) abrasions; (16) cuts.
The physical risks arise from, but are not limited to (1) accidents while paddling, climbing, balancing, hiking, running, swimming; (2) contact or collision with other persons or objects (e.g. collision with spectators or event staff), contact with other participants, contact or collision with motor vehicles or machines, and contact with natural or man-made fixed objects). (3) contact with obstacles (e.g. natural and artificial water/mud, uneven roads and surfaces, close proximity to and/or contact with dense smoke, pipes and rough wood); (4) hazards associated with equipment (e.g. broken, defective or inadequate competition equipment, unanticipated equipment failure, difficult course conditions); (5) weather-related risks (e.g. extreme heat, extreme cold, wet, ice, rain, fog); and (6) assessment and behavioural issues (e.g. incorrect or inappropriate behaviour of other participants, incorrect or inappropriate behaviour of the person supervising the child or the child themselves, errors in assessment by event staff).
The participant and parent/guardian or person responsible for the supervision of the child/children is aware that, due to the layout of the course, adequate medical care cannot be guaranteed everywhere and that any medical problems that occur can therefore take a more severe course.
The participant and parent/guardian or person responsible for the supervision of the child/children assures that they are physically able to complete the XLETIX Kids event for themselves and the child to be cared for or to inform the course staff immediately in case of emerging medical problems and, if necessary, to terminate the XLETIX Kids event independently and together with the child.
During the XLETIX Kids event, the participant and parent/guardian or person responsible for the supervision of the child/children assures that they will treat the other participants respectfully with safety in mind, and to encourage the child/children to do so and to follow the instructions of the staff at all times.
2 Risks to personal property
The participant and parent/guardian or person responsible for the supervision of the child/children is aware that the physical nature of the XLETIX Kids events may result in soiling, damage and destruction of clothing and objects worn on the body during the XLETIX Kids events. This applies in particular, but not exclusively, to helmet cameras and other cameras as well as timing devices and electronic equipment as well as jewellery.
3 Limitation of liability
XLETIX GmbH shall only be liable for property damage and financial loss caused by gross negligence or intent. Excluded from this limitation of liability are damages based on the culpable breach of a material contractual obligation of the organiser and personal injury (damage to life, body or health of a person). The above limitations of liability also extend to the personal liability for damages of employees, representatives, vicarious agents and third parties whom the organiser uses in connection with the implementation of the event or with whom it is contractually associated for this purpose.
The payment for personal medical services provided to you or the supervised child/children, if necessary, vis-à-vis the event organiser, is to be covered by the participant and parent/guardian or the person responsible for the supervision of the child/children. The organisers do not provide insurance cover for medical care. It is the responsibility of the participant and parent/guardian or the person responsible for the supervision of the child/children to maintain adequate insurance cover for medical care for themselves and the child/children.
The information on the XLETIX websites is provided with great care, however, technical or personal errors may occur. The information provided on the XLETIX website, in particular with regard to dates, locations and contents of the events, does not claim to be correct, and all claims arising therefrom are excluded.
4 Explicit declaration by the participant and parent/guardian or the person responsible for the supervision of the child/children
I have read and understood this declaration in its entirety, and I agree to it for myself and on behalf of the child to be supervised by me.
Before the run, I will study the course map for the XLETIX Kids event and should I recognise any signs of negligence in the design, arrangement of the obstacles or execution of the event, I will immediately point this out to the organiser and, in case of doubt, terminate my run. A right to a refund does not exist.
I and the child/children to be accompanied by me are physically able to participate in the XLETIX Kids event, and I have no knowledge or suspicion of any circumstance that would put my safety or health or that of the child/children at risk by participating in the XLETIX Kids event.
I have a valid health insurance that will cover treatment costs arising from the XLETIX Kids event for me or the child/children to be accompanied.
In the event of injury or illness, I consent to first aid and other medical care (including but not limited to cardiopulmonary resuscitation and use of an automated external defibrillator) being provided to myself and the child/children to be accompanied, and I hereby release and discharge the organiser from any liability or claims arising from such care.
I am aware that I can terminate the XLETIX Kids event for my own protection and for the protection of others. Participation in the XLETIX Kids event is voluntary.
Images, sound recordings and videos that show me and/or the child I am supervising partially or completely during and in the context of an XLETIX GmbH event may be used by XLETIX GmbH and by service providers contracted by XLETIX GmbH, such as Sportograf Digital Solutions GmbH, and published on the internet, radio, television, DVDs, books, etc. in a sports or lifestyle context, regardless of whether there is a reference to XLETIX GmbH or not. Separate remuneration is not required for such use. XLETIX GmbH will never publish personal data without explicit written consent, unless it is required to do by government order or law. The photo service Sportograf offers not only a manual image search with the help of place and time, but also a search with the help of an image (selfie). Sportograf uses an algorithm to determine the anonymous and non-personal characteristics of the participants, which can later be used to find the personal images. For further information on the handling of this personal data and your right to object, please refer to the Privacy Policy at sportograf.com/de/privacy.
5 Final provisions
I have carefully read this liability agreement and assumption of risk and fully understand the inherent risks of participating in an XLETIX Kids event. I hereby acknowledge that this agreement transfers large parts of the risk for me or the child/children to be accompanied to me, and that I and the child/children to be accompanied participate in the event at my/our own risk and that we are sufficiently insured against accidents (also abroad). If any part of this agreement proves to be invalid, void or unenforceable, the remainder of the conditions and the validity of the agreement shall not be affected. I hereby sign the agreement voluntarily and without any incentive to do so.
XLETIX GmbH reserves the right to amend the liability agreement and other conditions (e.g. General Terms and Conditions of Business and Participation). XLETIX GmbH will only make amendments for valid reasons, due to new technical developments, changes of laws or similar equally applicable reasons (e.g. modified hygiene regulations). In any case, the amendment shall only be made insofar as to respond to the changed circumstances, so it does not change, for example, other conditions that are not affected by the aforementioned valid reasons at all. Should such amendment substantially disrupt the contractual balance between the parties, the amendment shall be omitted. In all other respects, amendments shall require the customer’s consent.
