(Applicable from October 8, 2016)
ARTICLE 1: DEFINITIONS
1.1. For the purpose of these General Terms & Conditions the following definitions are used:
1. Event: Mud Masters organized by or on behalf of Mud Masters B.V. in any year.
2. Participant: a natural person who has registered for participation in an Event in a manner permitted by the Organizer.
3. Agreement: the agreement relating to participation of the Participant in the Event.
4. Organizer: the legal entity (in this matter Mud Masters B.V.) with which a Participant has entered into an Agreement.
1.2. These General Terms & Conditions apply to all Agreements. The applicability of any general terms and conditions (whether or not named otherwise) applied by the Participant is expressly excluded.
ARTICLE 2: PARTICIPATION
2.1. A participant must have reached the minimum age of 18, unless otherwise determined by the Organizer.
2.2. A Participant can only participate in the Event if he has completed an appropriate registration fully and truthfully, if the entry fee has been paid before the date of the Event and if the Participant has agreed to the General Terms & Conditions.
2.3. Refunds of entry fees are not possible.
2.4. Under exceptional circumstances (such as for example force majeure) the Organizer can decide to cancel, postpone, reschedule or relocate the Event at short notice.
2.5. The Organizer is not liable for any costs incurred by the Participant if the Event has to be cancelled, postponed, rescheduled or relocated.
ARTICLE 3: LIABILITY
3.1. Participation is at the Participant’s own risk. The Organizer is not liable and does not accept any liability for any damages, by whatever name or nature, suffered by a Participant as a result of the participation, unless the damage is a direct consequence of deliberate intent or gross negligence on the part of the Organizer. The Organizer is not liable and does not accept any liability for loss, theft or damage of Participant’s properties and/or any other form of damages of Participants and/or (other) third parties.
This exclusion of liability also applies to serious damages such as all possible damages resulting from injury or death.
3.2. If, despite the stipulations in the first paragraph of this Article 3, the Organizer’s liability for damages suffered by a Participant must be accepted, the Organizer’s obligation to reimburse the damages in question at all times remains limited to the amount the Organizer’s insurance company, where appropriate, will pay in respect of the claim.
3.3. The Participant must have adequate insurance cover against any damages he or partner, family and/or friends and/or (a) surviving family member(s) may suffer as a result of his death, injury or illness, caused by or incurred during his participation in the Event.
3.4. The Participant declares that he is aware of the fact that participation requires good physical and mental health and declares that he meets this requirement and that he has adequately prepared for the Event through training and other means. The Organizer expressly and urgently advises the Participant to undergo a medical examination in relation to participating in the Event.
3.5. The Participant indemnifies the Organizer against liability for damages suffered by third parties as a result of an act or omission relating to the Event that is attributable to a Participant. The Participant must have sufficient insurance to cover the risk of liability for such damages. Upon first request of the Organizer, the Participant shall provide the Organizer with a copy of their relevant insurance policy.
3.6. The Participant indemnifies the Organizer against liability for damages the Participant could suffer as a result of his participation in the Event, unless such damage is a direct result of deliberate intent or gross negligence attributable to the Organizer.
ARTICLE 4: PORTRAIT- AND IMAGE RIGHTS
The Participant grants the Organizer the irrevocable right to publish and multiply photographs, pictures and images and/or sound material and such, recorded during or around the time of the Event, in which the Participant is recognizable. This also includes the (re)use of pictures, images and sound recordings in (marketing) campaigns by or on behalf of third parties. All use as mentioned in this Article 4 is done free of charge.
ARTICLE 5: FOOD AND BEVERAGE TOKENS
Food and beverage tokens can only be used as a payment method at the catering stands during the Event. After the event, it is not possible to exchange food and beverage tokens for cash. Food and beverage tokens are not valid at other Events. The Organizer is not obliged to refund such tokens.
ARTICLE 6: PERSONAL DATA
The Organizer will save personal data provided by the Participant in a database. By participating in an Event a Participant grants the Organizer permission to use the personal data to send information to the Participant and (provided the Participant has given permission for this on the registration form) to provide personal data to third parties for the purpose of sending information to the Participant. By entering into the Agreement the Participant grants the Organizer permission to publish his name and competition results, as well as the use of the images and sound recordings as mentioned above in Article 4, for instance by means of publication in newspapers and via the Internet. The Privacy Statement of the Organizer also applies to the use by or on behalf of the Organizer of personal data.