ARTICLE 1: DEFINITIONS
1.1. For the purpose of these General Terms & Conditions the following definitions are used:
- Event: Mud Masters 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: a natural person who has registered for participation in an Event in a manner permitted by the Organizer.
- Visitor: a natural person, not being a Participant, who visits an Event in a manner permitted by the Organizer.
- Agreement: the agreement relating to participation of the Participant in and/or visitation by the Visitor of the Event.
- Organizer: the legal entity (in this matter Mud Masters B.V.) with which a Participant and/or Visitor 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 and/or Visitor is expressly excluded.
ARTICLE 2: PARTICIPATION
2.1. A participant must have reached the minimum age of 12, unless otherwise determined by the Organizer. The minimum age for participation in Mud Masters Family Edition is 5 years old.
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 according to the payment methods as provided by the Organizer before the date of the Event and if the Participant has agreed to the General Terms & Conditions.
2.3. When the Participant or Participating company cancels his/her or its participation, a refund of registration money is not possible.
2.4. Under exceptional circumstances (such as for example force majeure) the Organizer can decide to cancel, postpone, reschedule, amend (for instance by changing or shortening the circuit and/or starting times) or relocate the Event at short notice.
2.5. The Organizer may amend starting times, date and/or location at any time.
2.6. The Organizer is not liable for any costs incurred by the Participant if the Event has to be cancelled, postponed, rescheduled, amended or relocated.
ARTICLE 3: LIABILITY
3.1. Participation and/or visitation of the Event is at the Participant’s and/or Visitor’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 and/or Visitor as a result of the participation and/or visitation, 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 and/or Visitor’s properties and/or any other form of damages of Participants, Visitors 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 and/or Visitor 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 and/or Visitor indemnifies the Organizer against liability for damages suffered by Participant and/or Visitor and/or by third parties as a result of an act or omission relating to the participation and/or visitation of the Event that is attributable to a Participant and/or Visitor, unless such damage is a direct result of deliberate intent or gross negligence attributable to the Organizer. The Participant and/or Visitor must have sufficient insurance to cover the risk of liability for such damages. Upon first request of the Organizer, the Participant and/or Visitor shall provide the Organizer with a copy of their relevant insurance policy.
ARTICLE 4: PORTRAIT- AND IMAGE RIGHTS
4.1. The Participant and/or Visitor 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 and/or Visitor is recognizable, as further specified in section 2 of this article. This also includes the (re)use of such pictures, images and sound recordings in (marketing) campaigns by or on behalf of Organizer and/or third parties. All use as mentioned in this Article 4 is free of charge.
4.2. The Organizer has the right to make or have made sound and/or visual recordings of (parts of) the Event, including Participants and/or Visitors, during the Event. Participants and/or Visitors who participate in or visit an Event:
- expressly agree to the recording and/or (re)use – by Organizer and/or third parties who have been granted permission to do so by the Organizer – of his/her name, voice, portrait and/or image and persona by means of sound and/or visual recordings, broadcast live or otherwise, (re)broadcasting or other forms of publication, reproduction and/or distribution, in any manner whatsoever and via any media or technologies whatsoever, known now and/or in the future, for either internal end/or for commercial purposes;
- consents expressly, irrevocably and unconditionally to the (re)use as referred to under (a), for an indefinite period, worldwide and for no (monetary or otherwise) compensation;
- will hold liable neither the Organizer nor the parties who make use of visual and/or audio materials with the permission of the Organizer, for commercial purposes or otherwise, for the (re)use of such visual and/or audio material;
- expressly waives towards the Organizer and its licensees his/her portrait and image rights and/or personality rights, insofar as it concerns visual and/or audio materials in and around the location where the Event is held in which he/she is personally identifiable; and
- acknowledges that besides the above, a video surveillance system is also operational and agrees that video recordings can be made of him/her by or on behalf of the Organizer within the context of public order and safety.
4.3 Participant and/or Visitor acknowledges that any intellectual property rights, including copyrights and neighboring rights, with respect to the image and/or sound material created by or on behalf the Participant and/or Visitor shall become the property of the Organizer; the Participant and/or Visitor shall cooperate at the Organizer’s first request and for no compensation (monetary or otherwise) in all possible formalities required to realize a transfer of rights or other granting of rights; the Organizer has the right at all times to use or give third parties permission to use the image and/or sound material created by or on behalf of the Participant and/or Visitor as referred to above, in any manner whatsoever.
ARTICLE 5: FOOD AND BEVERAGE TOKENS
Food and beverage tokens can only be used by Participants 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 and/or for the purpose of executing the Agreement, such as publication of Participant’s name, image and/or competition results for the purpose of image- and time registration. 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 but not limited to marketing purposes by means of publication in promotional campaigns, images, video’s and/or posters, 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.
ARTIKEL 7: APPLICABLE LAW AND DISPUTES
7.1 These general conditions and any Agreement, rights and obligations following the participation and/or visitation of an Event are governed exclusively by Dutch law.
7.2 All disputes of any kind arising between Participants and/or Visitors pursuant to or in connection with these general terms and conditions, an Agreement or further agreements in implementation thereof, and/or participation and/or visitation of an Event shall be submitted exclusively to the competent court in the Midden-Nederland (Utrecht) court district.