Article 1: Definitions
1.1. For the purpose of these General Terms & Conditions the following definitions are used:
a. Event: Breathless, The World’s Highest Race event organised by the 14 Peak Expedition Pvt. Ltd. in any year.
b. Participant: A natural person who has registered for participation in an Event in a manner permitted by the Organiser.
c. Agreement: The agreement relating to participation of the Participant in the Event.
d. Organiser: The legal entity (in this matter the 14 Peak Expedition Pvt. Ltd.) with which a Participant has entered into an Agreement.
1.2. These General Terms & Conditions apply to all Agreements.
Article 2: Participation
2.1. A participant must have reached the minimum age specified by the Organiser for a specific Event on the day of the Event in question (for the Marathon this is 18 and for the Half Marathon 16).
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 in full no later than two weeks before the date of the Event and if the Participant has agreed to the General Terms & Conditions
2.3. If the Participant is unable to participate in the Event, the entry fee and additional orders that has been paid will not be refunded.
2.4. For reasons of force majeure the Organiser can decide to cancel the Event at short notice. If the Event is cancelled because of force majeure no new date will be set; the next Event will take place a year later. In this case no entry fees and additional orders will be refunded to the Participant.
2.5. The Organiser is not liable for any costs incurred by the Participant if the Event has to be cancelled because of force majeure.
Article 3: Liability
3.1. Participation is at the Participant’s own risk. The Organiser is not liable for any damages, by whatever name, 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 Organiser. 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, the Organiser’s liability for damages suffered by a Participant must be accepted the Organiser’s obligation to reimburse the damages in question remains limited to the amount the Organiser’s insurance company will pay in respect of the claim.
3.3. The Participant must have adequate insurance cover against any damages he/she or a surviving family member may suffer as a result of his/her death, injury or illness, caused by his participation in the Event.
3.4. The Participant declares that he/she is aware of the fact that participation requires good physical and mental health and declares that he meets this requirement and that he/she has adequately prepared for the Event through training and other means. The Organiser expressly and urgently advises the Participant to undergo a medical examination in relation to participating in the Event.
3.5. The Participant indemnifies the Organiser 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.
3.6. The Participant indemnifies the Organiser 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 Organiser.
Article 4: Portrait rights
The Participant grants the Organiser the right to publish pictures, videos and image material etc., recorded during or around the time of the Event, in which the Participant is visible.
Article 5: Personal data
The Organiser will save personal data provided by the Participant in a database. By participating in an Event a Participant grants the Organiser 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 Organiser permission to publish his name and competition results, for instance by means of publication in newspapers and via the Internet.
Article 6: Regulations
The Breathless, The Worlds Highest Race regulations, which form part of these General Terms & Conditions, apply to the Participant’s participation in the Event.