Article 1 Definitions
The following terms have the following meanings in these General Conditions:
1. Event: the running races of Amersfoort Marathon.
2. Competitor: the natural person who has registered to take part in the Event in the manner permissible by the Organiser.
3. Agreement: the agreement providing for the Competitor’s participation in the Event.
4. Organiser: Stichting Marathon Amersfoort, registered with the Chamber of Commerce under number 52754855.
These General Conditions apply to every Agreement concluded by the Organiser.
Article 2 Participation
2.1. Only a natural person who has at least reached the minimum age determined by the Organiser may participate in the Event.
2.2. The Competitor may only take part in the Event if s/he has completed the designated online registration form fully and truthfully, and if s/he has paid the registration fee in full.
2.3. The Competitor will personally take part in the Event. It is not permitted to allow another person to take the place of the Competitor at the Event.
2.4. The Competitor may not assign his/her rights arising from the Agreement to a third party without the Organiser’s prior written consent.
2.5. If the Competitor is prevented from taking part in the Event, the registration fee paid will not be refunded. Other payments set out in the Agreement will also not be refunded.
2.6. The Organizer may decide not to allow the Event to take place on the basis of exceptional circumstances. The Participant will then be given the opportunity, at his discretion, to participate in the Event on any replacement date to be determined by the Organizer in the same calendar year or the following year. The registration fee will not be refunded, even if the Participant is unable to participate on the possible replacement date or in the following year.
2.7. A decision taken by the Organiser to cancel the Event will not give rise to any liability on the Organiser’s part to reimburse the costs incurred by the Competitor.
Article 3 Liability
3.1. Participation in the Event is for the Competitor’s own risk. The Organiser is not liable for any harm, by whatever name, the Competitor may suffer as a result of participation unless the harm arises directly from wilful misconduct or gross negligence that is attributable to the Organiser. The exclusion of liability equally applies to serious forms of damage such as all possible forms of damage arising from injury or death.
3.2. If, despite the provisions set out in the first paragraph of this article, the Organiser must be assumed to be liable for the harm suffered by the Competitor, the Organiser’s obligation to pay compensation for the harm suffered remains limited to the maximum amount paid out by the insurer to the Organiser in respect thereof.
3.3. The Competitor must be sufficiently insured against the risk of harm that s/he or a next-of-kin may suffer as a result of his/her death, injury or illness, caused by their participation in the Event.
3.4. The Competitor declares that s/he is aware of the fact that participation requires the Competitor to be in good health, both physically and mentally, and declares that s/he meets this requirement, and that s/he will have sufficiently prepared for the Event by training for it or otherwise. The Organiser explicitly advises and urges the Competitor to undergo a sports physical exam in connection with participation in the Event.
3.5. The Competitor indemnifies the Organiser against any harm suffered by third parties as a result of any act or omission that is attributable to the Competitor relating to the Event. The Competitor must be sufficiently insured against the risk of liability for any such harm.
Article 4 Right to object to publication of one’s portrait
The Competitor grants prior permission to publish photographs, visual material and suchlike taken during or relating to the Event, on which the Competitor can be seen.
Article 5 Personal data
The personal data submitted by the Competitor will be entered in a file. By entering into this Agreement, the Competitor grants the Organiser consent to use the personal data for sending information (newsletter) to the Competitor. The Competitor may at all times indicate in writing or by e-mail at no charge that he/she objects to the Organiser, upon receipt of which the Organiser will stop sending or providing the information. By entering into this Agreement, the Competitor grants the Organiser consent to disclose his/her name and race results by means of publication, for instance, in newspapers and via the Internet.
Article 6 Dispute settlement procedure
Disputes between the Organiser and the Competitor will be settled by arbitration to the exclusion of the Dutch civil court in accordance with the Athletiekunie Arbitration Regulations, or in the absence thereof, the Netherlands Arbitration Institute Regulations. A dispute is deemed to exist if either party declares that this is the case.
Article 7 Competition Rules
The Competition Rules for the Amersfoort Marathon form an integral part of these General Conditions and apply to the Competitor’s participation in the Event.